S.Ganesan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.24735 of 2019 and W.M.P. No.24387 of 2019 S.Ganesan ... Petitioner vs
1. The District Collector, Coimbatore District, Coimbatore.
2. The Commissioner, Sulur Panchayat Union, Block Development Office, Sulur.
3. The Tahsildhar, Sulur Taluk, Coimbatore.
4. The Special Officer, Sengathurai, Kadampaadi Village Panchayat, Sulur Taluk, Coimbatore.
5. The Deputy Director of Town and Country Planning, Coimbatore Region, Dr.Nanjappa Road, Corporation Shopping Complex, Coimbatore - 641 018.
6. Shunmugasundaram ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 to 5 herein to take necessary action against the unauthorised
construction activity of the sixth respondent in Survey No.64/1 and 65/2, Kadampaadi Village, Door No.2/202, Mahalakshmi Nagar Sengathurai, Kadampaadi Village Panchayat, Sulur Taluk, Coimbatore District - 641 401.
For Petitioner :
Mr.M.Sivavarthanan For Respondents :
Mr.K.Karthik Jaganathan, Government Advocate for R1 to 5 Mr.S.B.Viswanathan for R6
ORDER
[Order of this Court was delivered by T.RAJA, J.] When the matter is taken up for hearing, learned counsel appearing for the petitioner, by filing an additional typed set dated 20.07.2021, shown us a letter dated 15.02.2021 issued to the petitioner by the Assistant Executive Engineer, TANGEDCO and the Proceedings dated 21.04.2021 issued by the Deputy Director of Town and Country Planning, the fifth respondent herein to the competent authority to take action against the un-authorised construction.
2.Learned Government Advocate appearing for respondents 1 to 5, placing on record Proceedings dated 06.04.2022 issued by the competent authority, submitted that action has been initiated.
3.Since the action has already been initiated, we are inclined to close this writ petition. Accordingly, this writ petition is closed, giving liberty to the official respondents to proceed with the matter in the manner known to law. While doing so, the official respondents shall provide reasonable opportunity to the petitioner, the sixth respondent and other necessary parties to put forth their grievances, before taking any action. Consequently, W.M.P. No.24387 of 2019 also stands closed. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vga
To
1. The District Collector, Coimbatore District, Coimbatore.
2. The Commissioner, Sulur Panchayat Union, Block Development Office, Sulur.
3. The Tahsildhar, Sulur Taluk, Coimbatore.
4. The Special Officer, Sengathurai, Kadampaadi Village Panchayat, Sulur Taluk, Coimbatore.
5. The Deputy Director of Town and Country Planning, Coimbatore Region, Dr.Nanjappa Road, Corporation Shopping Complex, Coimbatore - 641 018.
+1cc to Mr.S.B.Viswanathan, Advocate, S.R.No.24218 +1cc to Mr.M.Sivavarthanan, Advocate, S.R.No.23976 +1cc to the Government Pleader, S.R.No.24531 W.P.No.24735 of 2019 and W.M.P. No.24387 of 2019 SV(CO) SU(27/04/2022)