Ganapathy Vyaabaarigal v. The State Of Tamilnadu

In the High Court of Judicature at Madras Dated: 10.03.2015

CORAM:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Petition No. 1688 of 2007 Ganapthy Vyaabaarigal Sangam rep. by its President Thiru.S.S.Selvaraj 250, Sanganoor Main Road J.A.S. Maligai Maadi, Opp. Roots, Ganapathy Coimbatore - 6.

... Petitioner vs.

1. The State of Tamil Nadu rep. by the Secretary Municipal Administration & Water Supply Government of Tamil Nadu Fort St. George, Chennai 600 009.

2. The State of Tamil Nadu rep. by the Secretary Department of Housing and Urban Development Fort St. George, Chennai 600 009.

3. The Joint Director Local Planning Authority Tatabad, Coimbatore - 641012.

4. The Commissioner Coimbatore City Municipal Corporation Coimbatore - 641001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to implement the provisions of Section 113-B of the Tamil Nadu Town and Country Planning Act, 1971 and Section 283-A of the Coimbatore City Municipal Corporation Act, 1981 and the regularisation scheme framed thereunder.

For Petitioner : Ms. P.T. Asha for M/s. Sarvabhauman Associates For Respondents : Mr. S.T.S. Murthi Govt. Pleader for R1 & R2 No Appearance for R3 & R4.

O R D E R

(Made by The Hon'ble The Chief Justice) We are not inclined to entertain the public interest litigation on account of the fact that there is no law, which is shown to us, by which the unauthorised construction is required to be regularised. The petitioner cannot claim parity on this ground in Coimbatore City on account of the existence of provisions of Section 113-B of the Town and Country Planning Act, as the learned Government Pleader states that Section 113-A of the said Act has in fact been struck down as unconstitutional and as a sequitur thereto, Section 113-B has not been implemented.

2. We are of the view that if there are any individual affected parties and law permits to seek regularisation, they would be entitled to move the competent authority in accordance with law for the same.

3. The writ petition is dismissed with the aforesaid observations. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR

Copies to;

1. The Secretary State of Tamil Nadu Municipal Administration & Water Supply Government of Tamil Nadu Fort St. George, Chennai 600 009.

2. The Secretary Department of Housing and Urban Development Fort St. George, Chennai 600 009.

3. The Joint Director Local Planning Authority Tatabad, Coimbatore - 641012.

4. The Commissioner Coimbatore City Municipal Corporation Coimbatore - 641001.

+1cc to Mr.Sarvabhauman Associates, Advocate, S.R.No.13348 +1cc to the Government Pleader, S.R.No.13413 W.P. No. 1688 of 2007 GGK(CO) CA(20/03/2015)