His Holiness Sri-La-Sri v. The Municipal Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.27029 of 2013 and M.P.No.1 of 2013 His Holiness Sri-la-Sri Sathyagnana Mahadeva Desiga Paramachariya Swamigal, Adheenakarthar of Velakurichi Adheenam Thirupugalur and Hereditary Trustee of Annadhana Kattalai & Abisheka Kattalai Sri Thyagarajaswamy Devasthanam, Thiruvarur, Having Headquarters at Velakurichi Adheenam, Thriupugalur, Nagapattinam District.

.. Petitioner -vs1.The Municipal Commissioner cum Municipal Engineer, Thiruvarur Municipality, South Street, Thiruvarur 610 001.

2.Dr.V.S.T. Chandrasekaran, M.S Associate Professor, Surgeon (General) Thiruvarur Medical College and Hospital, Thiruvarur 610 001.

3.Dr.D.Uma Chandrasekaran .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration to declare that the plan sanctioned by the 1st respondent in favour of 2nd and 3rd respondents in Plan No.241/13/F1 dated 25.04.2013 is null and void consequently direct the 1st respondent to follow the Building Development Control Regulations and sanction fresh plan in favour of the 2nd & 3rd respondents and consequently demolish the area constructed against the rules.

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For Petitioner :

Mr.A.R.Nixon For Respondents :

Mr.T.N.Rajagopalan Spl.G.P. For R-1 :

Mr.K.R.Rameshkumar for RR 2 & 3 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, we are of the view that the only direction to be passed is for the Municipality / first respondent to cause an inspection of the premises of the second and third respondent within fifteen (15) days and if any violation of the master plan is found, to take action in accordance with law after notice to all concerned and conclude the proceedings within a maximum period of three (3) months thereafter.

2.Writ petition is, accordingly, disposed of. No costs. Consequently, M.P.No.1 of 2013 is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Municipal Commissioner cum Municipal Engineer, Thiruvarur Municipality, South Street, Thiruvarur 610 001.

+1 cc to M/s.A.R.Nixon, advocate,sr.70211 +1 cc to M/s.K.R.Rameshkumar,advocate,sr.70296 +1cc to govt.pleader,sr.70229.

ppa(co) krd 7/12 W.P.No.27029 of 2013 https://hcservices.ecourts.gov.in/hcservices/