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Madras High CourtWP/35703/2016disposed of

M/S.Annamalai Avenue v. The District Collector,

2016-10-07Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.35703 of 2016 Annamalai Avenue Residents Welfare Association rep. by its President, NPKS.Logu Kalappatti Road, Nehru Nagar Civil Aerodrome Post Coimbatore - 641 014.

.. Petitioner Vs.

1. The District Collector Ram Nagar, Collectorate Building Coimbatore - 641 018.

2. The Commissioner Corporation of Coimbatore Coimbatore - 641 001.

3. Palanisamy .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct respondents 1 and 2 to remove the unauthorized construction in the scheduled residential area measuring to an extent of 3070 Sq. Ft. marked as Site No.9, Annamalai Avenue, Kalapatti East Village, Coimbatore North Taluk, Coimbatore District.

For Petitioner : Mr.Pravin Rathinam For Respondents : Mr.M.K.Subramanian Government Pleader for 1st respondent Mr.Sathyanarayana Prasad for 2nd respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The allegation of the resident association against the third respondent is of constructing a commercial complex without any planning sanctions in a residential area. Representation was sent on 2.6.2016 to the Commissioner, Corporation of Coimbatore/second respondent.

2. On hearing learned counsel for parties, we direct that the second respondent will dispose of the representation of the petitioner after notice to all concerned within a maximum period of three months from the date of receipt of the order.

3. Insofar as the ongoing construction is concerned, an inspection be carried out within one week from today and if any construction is found, which is in violation of the planning permission or without planning permission, necessary interim directions be passed in the meantime, within a week thereafter. The petition, accordingly, stands disposed of. No costs. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

sasi To:

1. The District Collector Ram Nagar, Collectorate Building Coimbatore - 641 018.

2. The Commissioner Corporation of Coimbatore Coimbatore - 641 001.

+1 CC to M/s. J. Sathya Narayana Prasad, Advocate Sr.No.57793 W.P.No.35703 of 2016 UG (CO) MD : 17/10/2016