J.Krishnakumar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU J.Krishnakumar ..
Petitioner Vs.
1. The Principal Secretary Housing & Urban Development Department Fort St. George, Secretariat Chennai 600 009.
2. The Director Municipal Administration 75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram Chennai 600 028.
3. The Deputy Director of Town and Country Planning 2nd Floor, Dr. Nanjappa Road Gopalpuram, Coimbatore 641 018.
4. The Commissioner Pollachi Municipality Palakkad Road Pollachi 642 001.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to remove the unauthorised constructions/encroachments in and around Pollachi Municipality as per the directions passed in W.P.No.3995 of 2019. For the Petitioner : Ms.R.Sripriya For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1 to 3 Mr.B.Anand Standing Counsel for Respondent-4
ORDER
(Made by the Hon'ble Chief Justice) We have heard Ms.R.Sripriya, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents 1 to 3 and Mr.B.Anand, learned Standing Counsel for the fourth respondent.
2. The Commissioner, Pollachi Municipality has submitted a status report. It is stated that action has been taken from 01.01.2021 to 20.9.2023 against all unauthorised/deviated constructions and buildings constructed without proper permission from Municipality. Till now, owners of 69 buildings have been prosecuted, fined and notices were issued to the occupants of 488 unauthorised and 63 deviated buildings. So far, 4 building owners have rectified the violations in their buildings and obtained permission from the office of the Joint Director of Town and Country Planning, Coimbatore.
3. The Police Department also requested to provide security in order to lock and seal 3 buildings that had violated the building Rules. However, due to Vinayagar Chaturthi celebrations, they were unable to provide security. Therefore, it is decided to lock and seal the above 3 buildings on 27.09.2023. It is further stated that notices have been issued to 7 violated buildings and also action is being taken against all such unauthorised/deviated constructions as per the building Rules.
4. In view of the fact that steps are being undertaken by the Municipality, we are not passing any further orders.
5. If, in future, the Municipality is not implementing or taking steps to remove the unauthorised construction, then, the petitioner may approach afresh.
6. The writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.19517 and 27208 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 26.09.2023 Index :
Yes/No :
Yes/No kpl To
1. The Principal Secretary Housing & Urban Development Department Fort St. George, Secretariat Chennai 600 009.
2. The Director Municipal Administration 75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram Chennai 600 028.
3. The Deputy Director of Town and Country Planning 2nd Floor, Dr. Nanjappa Road Gopalpuram, Coimbatore 641 018.
4. The Commissioner Pollachi Municipality Palakkad Road Pollachi 642 001.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 26.09.2023