G.Thangavel v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU G.Thangavel
...Petitioner
Vs.
1.The Secretary to Government, Municipal and Water Supply Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration, No.75, Santhome High Road, Chennai - 600 028.
3.The District Collector, Salem.
4.The Corporation Commissioner, Salem - 636 001.
5.The Commissioner of Police, Salem - 636 006.
6.The Assistant Director of Town and Country Planning, Salem - 636 005.
7.S.Kandasamy
...Respondents
1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents 1 to 6 to take appropriate action on the unauthorized construction made by the 7th respondent in Door No.41-A, Block No.25, Suramangalam Zone - 1, Salem - 5 by considering 4th respondent's order dated 17.05.2022 and 25.05.2022 and also by considering petitioner representation dated 25.07.2022. For Petitioner : Ms.R.Poornima For Respondents : Mrs.R.L.Karthika, Government Advocate for R1 and R2 Mr.Vadivelu Deenadayalan, Additional Government Pleader for R3 & R6 Mrs.N.Devi for R4 Mr.A.Selvendheran, Special Government Pleader for R5 Mr.Muruganantham for R7 ********* 2/6
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition reads as follows:- To direct the respondents 1 to 6 to take appropriate action on the unauthorized construction made by the 7th respondent in Door No.41-A, Block No.25, Suramangalam Zone - 1, Salem - 5 by considering 4th respondent's order dated 17.05.2022 and 25.05.2022 and also by considering petitioner representation dated 25.07.2022.
2. From the status report filed by the Commissioner, Salem Corporation we find that the notices have been issued under Sections 56 and 57 of the Town and Country Planning Act on 11.11.2022. The learned counsel for the 7th respondent would contend that the building was constructed even in the year 1990 and he intends preferring an appeal to the Government. It is open to the 7th respondent to avail any remedy that is available to him under law. The Commissioner is directed to proceed with the action taken and pursue the same to its logical conclusion in accordance with law. 3/6
4. The writ petition is disposed of on the above terms. If the 7th respondent files an appeal, the appellate Authority will decide it on merits without being influenced by any of the observations made herein above. No costs.
(R.S.M.,J.) (K.B.,J.) 30.11.2022 dsa Index : No Internet : Yes Speaking order 4/6
To:- 1.The Secretary to Government, Municipal and Water Supply Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration, No.75, Santhome High Road, Chennai - 600 028.
3.The District Collector, Salem.
4.The Corporation Commissioner, Salem - 636 001.
5.The Commissioner of Police, Salem - 636 006.
6.The Assistant Director of Town and Country Planning, Salem - 636 005.
5/6
R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
dsa 30.11.2022 6/6