V.Balakrishnan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.20343 OF 2021 AND W.M.P.NOS.21588 AND 21590 OF 2021 V.Balakrishnan

...Petitioner

..Vs..

1.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 001.

2.The Assistant Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 005.

3.The Director of Town and Country Planning Authority DTCP, CMDA Office Complex, E and C, Market Road, Koyambedu, Chennai - 600 107.

4.P.Rangasamy 5.R.Rajeswari 6.R.Latha 7.R.Balamurugan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the 4th to 7th respondents for unauthorised construction in view of without getting approval from the respondents 1 to 3. For petitioners : Mr.I.Abrar MD Abdullah For respondents : Mr.K.Magesh, Senior counsel for R1 and R2 Mrs.Akila Rajendran for R3

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J) Heard Mr.I.Abrar MD Abdullah, learned counsel appearing for the petitioner; Mr.K.Magesh, learned counsel appearing for the respondents 1 and 2; Mrs.Akila Rajendran, learned counsel appearing for the 3rd respondent.

2. This Writ Petition is filed seeking for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 7 for unauthorised constructing building.

3. The learned counsel appearing for the petitioner would state that the private respondents are putting up construction without planning permission and it would suffice if the second respondent is directed to consider the representation of the petitioner in a time frame.

4. The learned standing counsel appearing for the respondents 1 and 2 would state that the 2nd respondent has received the representation of the petitioner and it was also found that construction put up by the private respondents is without planning permission and hence the second respondent is ready to take action in accordance with law.

5. In the light of the above submissions of the learned counsels and also taking note of the prayer sought for in this writ petition, this Court without going into the merits of the matter, directs the 2nd respondent to take appropriate action on the basis of the representation of the petitioner, after providing sufficient opportunities to all the necessary parties, in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ub

To 1.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 001.

2.The Assistant Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 005.

3.The Director of Town and Country Planning Authority DTCP, CMDA Office Complex, E and C, Market Road, Koyambedu, Chennai - 600 107.

+1cc to Mr.K.Magesh, Advocate, S.R.No.50637 +1cc to the Government Pleader, S.R.No.51260 W.P.No.20343 of 2021 CA(CO) CS/27/10/2021