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Madras High CourtWP/19717/2023disposed of

K.Dhatchayani v. The Commissioner

2023-10-05Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA and W.M.P.No.28310 of 2023 K.Dhatchayani .... Petitioner vs

1. The Commissioner, Poonamallee Municipality, Chennai-600 056.

2. The Town Planning Inspector, Poonamallee Municipality, Chennai-600 056.

3. TD. Shankar

4. The Block Development Officer, Poonamallee BDO Office, Poonamallee, Chennai-600056.

5. The Assistant Director of Town Panchayats, Thiruvallur Zonal, 2nd Floor, Collector Office, Thiruvallur-602 001.

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6. The Executive Officer, Thirumazhisai Town Panchayat, No.14/1A, Authuklal Street, Thirumazhisai, Thiruvallur District, Chennai-124.

(R.4 to R.6 impleaded vide order dated 11.09.2023 made in WMP No.24666/ 2023 in W.P No.19717 of 2023) .... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 2 to take action against unauthorised constructions put up in S.Nos.133/1 (2 Acres 16 cents) and 133/2A (24 cents) situated at Chembarambakkam Village, Poonamallee Taluk, Thiruvallur District by considering the petitioner's representation dated 15.03.2023.

For Petitioner : Mr.S.Mohameduduman For Respondents : Mr.P.Srinivas Standing Counsel for R.1 and R.2 Mr.A.Anandhan for R.3 Mr.U.Bharanidharan for R.4 to R.6

ORDER

(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents 1 and 2 to remove the illegal and unauthorised constructions put up in S.Nos.133/1 (2 Acres 16 cents) and 133/2A (24 cents) situated at Chembarambakkam Village, Poonamallee Taluk, Thiruvallur District by Page 2/4

considering the petitioner's representation dated 15.03.2023.

2. Today, when the matter is taken up for hearing, learned Standing Counsel appearing for the respondent Municipality would state that already lock and seal notice was issued in respect of unauthorised construction and enforcement action has also been initiated.

3. In view of the above stated position, the 1st, 2nd & 4th respondents are directed to take further enforcement action in accordance with law and take it to its logical end within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. (J.N.B., J.) (N.M., J.) 05.10.2023 vsi (1/2) Index : Yes / No Internet : Yes / No To

1. The Commissioner, Poonamallee Municipality, Chennai-600 056.

2. The Town Planning Inspector, Poonamallee Municipality, Chennai-600 056.

3. The Block Development Officer, Poonamallee BDO Office, Poonamallee, Chennai-600056.

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J. NISHA BANU, J.

and N.MALA, J.

vsi

4. The Assistant Director of Town Panchayats, Thiruvallur Zonal, 2nd Floor, Collector Office, Thiruvallur-602 001.

5. The Executive Officer, Thirumazhisai Town Panchayat, No.14/1A, Authuklal Street, Thirumazhisai, Thiruvallur District, Chennai-124.

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