K.Siva Kumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM
The Hon'ble Mr. Justice T. RAJA and The Hon'ble Mr. Justice K. KUMARESH BABU W.P.No.25981 of 2021 and W.M.P. No.27436 of 2021 K.Sivakumar .. Petitioner Vs 1.The Commissioner, Director of Town and Country Planning, Building Division, No.807, Anna Salai, Chennai - 2.
2.The Deputy Director, Director of Town and Country Planning, Corporation Shopping Complex, Dr.Nanjappa Road, Coimbtore - 641 018.
3.The Member Secretary, Local Planning Authority, Sivananda Colony, Tatabad, Coimbatore.
4.The Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001.
5.T.Sivakumar 6.Banumathy .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing respondents 2 to 4 to demolish illegal and unauthorized constructions put up by the fifth and sixth respondents at 1B, Krishnarayapuram Village, Parashakthi Nagar, Ganapathy, Coimbatore comprised in S.F. No.30/1 an extent of 2175 sq.ft. by violating approved plan in B.L.No.63/2021/MH3/N issued by the third and fourth respondents herein. For Petitioner :
Mr.P.Tamilavel For Respondents :
Mr.K.Karthik Jaganathan, Govt. Advocate for R1 and R2 Mr.K.Natarajan for R4 Dr.C.Ravichandran for R5 and R6 R3 - No appearance
ORDER
(Order of the Court was made by T.RAJA, J.) Seeking a direction to respondents 2 to 4 to demolish illegal and unauthorized constructions put up by the fifth and sixth respondents at 1B, Krishnarayapuram Village, Parashakthi Nagar, Ganapathy, Coimbatore comprised in S.F. No.30/1 measuring an extent of 2175 sq.ft. by violating approved plan in B.L.No.63/2021/MH3/N issued by the third and fourth respondents herein, the present writ petition has been filed.
2. It is the case of the petitioner that he has permanent house at No.1A, Parashakthi Nagar, Athipalayam Pirivu, Ganapathy, Coimbatore and respondents 5 and 6 started construction in the nearby plot owned by them violating the planning permission. Therefore, the petitioner made several representations to the fourth respondent to take action against respondents 5 and 6. Since no action has been taken on the representations, the petitioner has filed the present writ petition with the aforesaid prayer.
3. Heard the learned counsel for the respective parties.
4. When the matter was taken up for hearing, learned counsel for the fourth respondent Corporation submitted that respondents 5 and 6 have filed Special Revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 and the same is pending.
5. In view of the pendency of the Special Revision, we direct the authority concerned to consider the same and pass appropriate orders on merits and in accordance with law within a period of 90
days from the date of receipt of a copy of this order.
6. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(T.R., J) (K.B., J.) 06.07.2022 Index:Yes/No mmi To 1.The Commissioner, Director of Town and Country Planning, Building Division, No.807, Anna Salai, Chennai - 2.
2.The Deputy Director, Director of Town and Country Planning, Corporation Shopping Complex, Dr.Nanjappa Road, Coimbtore - 641 018.
3.The Member Secretary, Local Planning Authority, Sivananda Colony, Tatabad, Coimbatore.
4.The Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001.
5.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 9.
T. RAJA.,J and K. KUMARESH BABU.,J mmi W.P.No.25981 of 2021 06.07.2022