P.S.R.Sathyamurthy, v. The Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.29173 of 2016 P.S.R.Sathyamurthy ... Petitioner -vs1. The Director, Town and Country Planning Department, No.802, Anna Salai, Chennai-2.

2. The Regional Director of Municipal Administration, 124, G.S.T Road, Chengalpattu.

3. The Assistant Director, Town and Country Planning Dept., 56/A, Government Hospital Road, Villupuram.

4. The Commissioner, Panruti Municipality, Panruti, Cuddalore District.

5. S.Vallimuthu Aachi ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the fourth respondent to take action against the fifth respondent's unauthorised construction at No.32, Rajaji Road, Panruti as per the letter of the third respondent dated 01.04.2016 and by affording opportunity to all concerned.

For Petitioner :

Mr.P.Kannan Kumar For Respondents :

Mr.V.C.Selvasekaran for RR 1 to 3 :

Mr.P.V.Selvakumar for R-4 :

Mr.V.Raghavachari for Mr.S.Selvaraju for R-5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The affidavit of the Municipality / the fourth respondent seeks to suggest that though the fifth respondent has planning permission, she has deviated from the approved plan. Simultaneously, it has been affirmed that the petitioner constructed a building by deviating the approved plan without leaving any set backs in the building.

2.We direct that both the building of the petitioner and of the fifth respondent must be brought within conformity and proceedings be concluded within a maximum period of three (3) months from the date of receipt of the order, after notice to all concerned.

3.We clarify that if any deviation is capable of regularisation, then even that measure should be completed within this period of time.

Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra To

1. The Director, Town and Country Planning Department, No.802, Anna Salai, Chennai-2.

2. The Regional Director of Municipal Administration, 124, G.S.T Road, Chengalpattu.

3. The Assistant Director, Town and Country Planning Dept., 56/A, Government Hospital Road, Villupuram.

4. The Commissioner, Panruti Municipality, Panruti, Cuddalore District.

+1cc to Mr.S.Selvaraju, Advocate, S.R.No.1835 +2cc's to Mr.P.V.Selvakumar, Advocate, S.R.No.2723 +1cc to the Government Pleader, S.R.No.2040 W.P.No.29173 of 2016 PA(CO) CA(12/01/2017)