J.Srinivasan v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI 1.J.Srinivasan 2.S.Visalakshi .. Petitioners Vs 1.The Principal Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai-600 009.
2.The Collector, Coimbatore District, Big Bazaar Street, 3.The Director, Municipal Administration, No.75, Santhome Road, MRC Nagar, Raja Annamalai Road, Chennai-600 028.
4.The Deputy Director, Coimbatore Local Planning, No.50, FCI Road, Peelamadu, Coimbatore-641 004.
5.The Commissioner, Coimbatore Corporation, Hosur Road, 6.The Assistant Commissioner, Coimbatore Corporation, Coimbatore-641 001.
7.Balaji .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 5 and 6 to stop and remove the unlawful construction in the Door No.468-469, Survey No.4/20, Supree Street, Coimbatore-641 001 by considering petitioner's representation dated 24.7.2024.
For the Petitioners : Mr.B.Nedunchezhiyan For Respondents : Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 4 : Mr.N.Umapathi Standing Counsel for respondents 5 and 6
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the seventh respondent has put up unlawful construction at Door No.468-469, Survey No.4/20, Supree Street, Coimbatore-641 001, the petitioners sent representation to the
respondent authorities on 24.7.2024. As the said representation did not evoke any response, the present writ petition is filed.
2. Learned Standing Counsel for respondents 5 and 6 submitted that, after considering the representation of the petitioners, necessary action will be taken in accordance with law.
3. In the light of the above submission, without expressing any opinion on the merits of the matter, we dispose of the writ petition with a direction to respondents 5 and 6 to consider the representation of the petitioners dated 24.7.2024 and pass appropriate orders, on merits and in accordance with law, of course after providing an opportunity to the seventh respondent. If any deviation from the approved plan or unauthorised construction is noticed, respondents 5 and 6 shall take necessary action in accordance with law. The entire exercise shall be concluded within a period of eight weeks from the date of receipt of a copy of this order.
There shall be no order as to costs. Consequently, W.M.P.No.29907 of 2024 is closed. W.M.P.No.29905 of 2024 filed to permit the petitioners to file a single writ petition is ordered. (D.K.K., ACJ.) (P.B.B, J.) 13.09.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1.The Principal Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai-600 009.
2.The Collector, Coimbatore District, Big Bazaar Street, 3.The Director, Municipal Administration, No.75, Santhome Road, MRC Nagar, Raja Annamalai Road, Chennai-600 028.
4.The Deputy Director, Coimbatore Local Planning, No.50, FCI Road, Peelamadu, Coimbatore-641 004.
5.The Commissioner, Coimbatore Corporation, Hosur Road, 6.The Assistant Commissioner, Coimbatore Corporation, Coimbatore-641 001.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 13.09.2024