Madras High CourtWP/17361/2019disposed of

S.Ramesh Kumar v. The Director / Commissioner,

2024-01-29Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Ramesh Kumar ..

Petitioner vs 1.The Director/Commissioner, Directorate of Town and Country Planning, Anna Salai, Chennai-600 002.

2.The Commissioner, Coimbatore City Municipal Corporation, 3.The Member Secretary, Coimbatore Local Planning Department, Corporation Commercial Complex, Sivananda Colony, 4.The Assistant Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

5.Coimbatore Samyuktha Gowda Sabha, rep. by its President Suresh Prabhu, Valluvar Street, Sivananda Colony, [Cause-title of respondent No.5 amended as per the order in WMP.No.23616 of 2019 dt. 13.8.2019] 6.Lions Club of Coimbatore (Trust), rep. by its President Sekar, Valluvar Street, Sivananda Colony, .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take appropriate action in accordance with law against the respondents 5 and 6 for their illegal/unauthorized construction as well as unauthorized usage of the buildings based on the petitioner's representation dated 14.1.2019.

For the Petitioner : Mr.R.Bharath Kumar For the Respondents : Mr.T.K.Saravanan Government Advocate for respondent No.1 : Mr.K.Magesh for respondents 2 and 4 : Mr.SK. Rahul Vivek for respondent No.5 : Ms.G.Keerthana for respondent No.6 : No appearance for respondent No.3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Bharath Kumar, learned counsel for the petitioner; Mr.T.K.Saravanan, learned Government Advocate for respondent No.1; Mr.K.Magesh, learned counsel for respondents 2 and 4; Mr.SK. Rahul Vivek, learned counsel for respondent No.5; and, Ms.G.Keerthana, learned counsel for respondent No.6.

2. Learned counsel for the Corporation submits that lock and seal notices have been issued and the activity in the said buildings has come to a standstill. The buildings are not being used. The applications are filed by respondents 5 and 6 for regularisation.

3. Learned counsel for the Corporation further submits that the said buildings will not be allowed to be used till the

regularization applications are decided on its own merits.

4. In the light of that, nothing survives for adjudication in this matter. The writ petition, as such, is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 29.01.2024 Index :

Yes/No Yes/No bbr To 1.The Director/Commissioner, Directorate of Town and Country Planning, Anna Salai, Chennai-600 002.

2.The Commissioner, Coimbatore City Municipal Corporation, 3.The Member Secretary, Coimbatore Local Planning Department, Corporation Commercial Complex, Sivananda Colony, Coimbatore-641 012.

4.The Assistant Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 29.01.2024