Pollachi Vattara Siru Vyabarigal Sangam v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2024
CORAM:
THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Pollachi Vattara Siru Vyabarigal Sangam Rep. by its President, No.17, Udumalai Road, Pollachi, Coimbatore District-642 001.
... Petitioner -vs1. The Government of Tamil Nadu, Rep. by Principal Secretary, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
2. The District Collector, Collectorate Building, Coimbatore-641 018.
3. The Member Secretary/Commissioner, Pollachi Local Planning Authority, Pollachi Municipality, Pollachi, Coimbatore District-642 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to constitute an Expert Committee to evolve specific guidelines and submit a report for the regularization of the old buildings situated in Pollachi Municipality, Coimbatore District as per petitioner's representation dated 26.07.2024 and consequently restrain the respondents from initiating any coercive 1/4
action, including locking, sealing and demolishing the buildings situated in Pollachi Municipality, Coimbatore District till consideration of petitioner's above said representation.
For Petitioner :
Mr.V.P.Senguttuvel, Senior Counsel For Mr.K.Babu For R1 & R2 :
Mr.K.Karthik Jagannath Govt. Advocate For R3 :
Mr.B.Anand, Standing Counsel *****
O R D E R
(By the Hon'ble Acting Chief Justice) This Writ Petition has been filed for a direction to the 1st respondent to constitute an Expert Committee to evolve specific guidelines and submit a report for the regularization of the old buildings situated in Pollachi Municipality, Coimbatore District as per petitioner's representation dated 26.07.2024 and consequently restrain the respondents from initiating any coercive action, including locking, sealing and demolishing the buildings situated in Pollachi Municipality, Coimbatore District till consideration of petitioner's representation.
2. It is the case of the Petitioner/Sangam that a representation dated 26.07.2024 was submitted to the 1st respondent to consider the resolution dated 07.09.2021 passed by the Municipality in respect of regularization of old buildings. Since the said representation did not evoke any response, the Petitioner/Sangam is before this Court.
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3. Learned Government Advocate appearing for the respondents 1 & 2 stated that a reasonable time may be granted to the 1st respondent for considering and passing appropriate orders on the representation of the petitioner.
4. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the 1st respondent to consider the representation dated 26.07.2024 of the Petitioner/Sangam and pass appropriate orders thereon on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order in terms of the Resolution passed by the Municipality.
5. With the above direction, this Writ Petition is disposed of. No costs. [D.K.K.,ACJ.] [P.B.B,J.] 27.08.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., 3/4
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