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Madras High CourtWP/17617/2018disposed of

P.Selvarajan, v. The Commissioner,

2023-08-23Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Selvarajan ..

Petitioner Vs.

1. The Commissioner Directorate of Town and Country Planning Chengalvarayan Building 4th Floor, 807, Anna Salai Chennai - 600 002.

2. The Deputy Director Directorate of Town and Country Planning Salem Region, Sooramangalam Salem.

3. The Commissioner Attur Municipality Municipality Office, Attur - 636 102.

Salem District.

4. Executive Engineer (Operation & Maintenance) TANGEDCO, Attur Town Salem District - 636 102.

5. K.Pandiyan

6. Kalyani ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the second and third respondents to restore the building of the fifth and sixth respondents at Door No.1061/410, 1063/410 & 1065/411, South Udayarpalayam, Attur, Salem District as per Building Plan Approval in F.No.148/2012 dated 14.05.2012 granted by the third respondent. For the Petitioner : Ms.S.Srinarmada for Mr.M.R.Gokulkrishnan For the Respondents : Mr.K.Karthik Jagannathan Government Advocate for R1 & R2 Mr.B.Anand for R3 Mr.I.Syed Sibghatulla for R4 Mr.G.Janakiraman for R5 & R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.S.Srinarmada, learned counsel appearing for Mr.M.R.Gokulkrishnan, learned counsel for the petitioner; Mr.K.Karthik Jagannathan, learned Government Advocate for respondents 1 & 2; Mr.B.Anand, learned counsel for respondent 3; Mr.I.Syed Sibghatulla, learned counsel for respondent 4 and Mr.G.Janakiraman, learned counsel for respondents 5 & 6.

2. The petitioner alleges unauthorised construction on the part of respondents 5 and 6.

3. It is submitted that the application for sanction of revised plan was made and the same was returned by the second respondent in the year 2018. Now, fresh application has been filed on 21.08.2023.

4. The second respondent shall take a decision on the said application within a period of three months from today (i.e., 23.08.2023.), on its own merits and in accordance with law. Depending upon the decision taken by the Authorities, the parties may

take further steps.

5. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 23.08.2023 Index :

Yes/No :

Yes/No drm

To

1. The Commissioner Directorate of Town and Country Planning Chengalvarayan Building 4th Floor, 807, Anna Salai Chennai - 600 002.

2. The Deputy Director Directorate of Town and Country Planning Salem Region, Sooramangalam Salem.

3. The Commissioner Attur Municipality Municipality Office, Attur - 636 102.

Salem District.

4. Executive Engineer (Operation & Maintenance) TANGEDCO, Attur Town Salem District - 636 102.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 23.08.2023