P.Rajendran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 02.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.25512 of 2021 P.Rajendran .. Petitioner

Versus

1. The Commissioner, Virudhachalam Municipality, Virudhachalam 606 110.

2. The Town Planning Officer, Virudhachalam Municipality, Virudhachalam Taluk, Virudhachalam 606 110.

3. Radhakrishnan

4. Senthamizh Selvi

5. Kavitha

6. Anburaj .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation dated 17.03.2021 to stop the unauthorized construction made by the 5th and 6th respondents herein.

For petitioner :

Mr.S.William For respondents for R1 :

Mr.P.Srinivas for R2 :

Mr.V.P.R.Elamparithi for RR3 to 6 :

Ms.R.Hemalatha for Mr.C.Prakasam

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. Heard Mr.S.William, learned counsel for the petitioner, Mr.P.Srinivas, learned Standing Counsel appearing for the first respondent, Mr.V.P.R.Elamparithi, learned Additional Government Pleader appearing for the second respondent and Ms.R.Hemalatha, learned counsel appearing for Mr.C.Prakasam, learned counsel for the respondents 3 to 6.

3. The prayer in the Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 17.03.2021 and stop the unauthroised construction made by the respondents 5 and 6.

4. It is the case of the petitioner that the respondents 5 and 6 are putting up unauthorised construction at Ward G Block No.6 in T.S.No.19/3B and his representation in this regard made to the Commissioner Virudhachalam Municipality was not considered and no action has been taken.

5. The learned Standing Counsel appearing for the first respondent would state that due to the local body election, immediate action was not initiated by the first respondent and he is ready to consider the grievance of the petitioner and take action in accordance with law.

6. It is the submission of the learned counsel appearing for the private respondents that the building is being constructed as per the approved plan and he is ready to appear for enquiry before first respondent and produce the relevant documents.

7. In the light of the facts and circumstances and the submissions of the learned counsels appearing on either side, this Court without expressing any opinion on the merits of the matter, directs the first respondent to take action on the representation of the petitioner dated 17.03.2021 in accordance with law, within a period of six months, after affording an

opportunity of personal hearing to the petitioner as well as the respondents 3 to 6.

8. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar pvs To

1. The Commissioner, Virudhachalam Municipality, Virudhachalam 606 110.

2. The Town Planning Officer, Virudhachalam Municipality, Virudhachalam Taluk, Virudhachalam 606 110.

+1cc to Mr.S.William, Advocate, S.R.No.6530 +1cc to Mr.P.Srinivas, Advocate, S.R.No.7484 W.P. No.25512 of 2021 PMK(CO) SU(25/02/2022)