N.Deepak Prasadh v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Deepak Prasadh

...Petitioner

-Vs1. The Commissioner, Coimbatore City Municipal Corporation, Big Bazaar Street, Coimbatore - 641 001.

2. The District Collector, Office of the District Collector, Huzur Road, Coimbatore - 641 018.

3. The Member Secretary, Local Planning Authority, Dr. Nangappa Road, Corporation Shopping Complex, Coimbatore - 641 018.

4. M/s.Sowparnika Infrastructure Pvt. Ltd., Reg Office at 750, 'C' Block, 1st Main Raod, AECS Layout, Kundalahalli, Bangaluru - 560 037.

Branch Office at 1st Floort, Sreevatsa Center, Opp. To Martin Homeopathy Medical College, Mettupalayam Road, G.N. Mills (P.O), Coimbatore - 641 029.

5. N.R.Kandasamy

6. N.R.Venkatachalam

7. N.R.Singaravelu

8. M/s. Sowparnika Beetal Apartments Owners Welfare Association, Sowparnika Beetal Apartments, Nanjundapuram Road, Coimbatore - 641 036.

... 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 respondents 4 to 7 in light of the petitioner's representation dated 23.07.2021. For Petitioner : Mr.K.S.Karthik Raja For Respondents For R1 : Mr.K.Magesh Standing Counsel For R2 & R3 : Mr.S.Arumugam Government Advocate For R4 : Mr.R.Bharathi Kumar For R5 to R7 : Mr.V.Venkatasamy For R8 : Mr.C.Srivastsan For M/s. Waraon and Sairams

ORDER

This writ petition has been filed for direction directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 7 in light of the petitioner's representation dated 23.07.2021.

2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.

It is seen that there is dispute between the flat owners and the developer in respect of construction of building and also car parking. There is a separate forum called Real Estate Regulatory Authority to deal with this dispute. Therefore, the direction sought for in this writ petition cannot be granted. The petitioner is at liberty to approach the Real Estate Regulatory Authority, if so advised.

4.

With the above directions, the Writ Petition stands disposed of. There shall be no orders as to costs.

28.10.2024 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

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

2. The District Collector, Office of the District Collector, Huzur Road, Coimbatore - 641 018.

3. The Member Secretary, Local Planning Authority, Dr. Nangappa Road, Corporation Shopping Complex, Coimbatore - 641 018.

28.10.2024