Madras High CourtWP/43496/2016disposed of

P.Parimala v. The Secretary

2016-12-19Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.43496 of 2016 and W.M.P.No.37325 of 2016 1.P.Parimala 2.P.Rajasekaran 3.P.Diakar 4.P.Priya .. Petitioners (Petitioners 1 to 3, rep. by Power Agent A.A.Mohammed Nazaar) -vs1.The Secretary, Municipal and Water Supply Department, St. George Fort, Chennai-600 009.

2.The Commissioner, 3.The Assistant Commissioner, Central Division, Coimbatore-641 018.

4.The Officer of Town Planning, 5.Sarvana Selvarathinam Retail Private Limited, Door No.195/5, Oppanakara Veethi, .. Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take necessary action against the unauthorised construction of 5th respondent site at Door No.195/5, Oppanakara Veethi, Coimbatore by considering petitioner's representation dated 01.11.2016 as per the Tamil Nadu Town and Country Planning Act.

For Petitioners :

Mr.R.Shanmugam For Respondents :

Mr.T.N.Rajagopalan Spl. G.P. for R1 Mr.J.Sathya Narayana Prasad for R2 to R4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it is directed that the allegations of the petitioner in respect of the property of respondent No.5 may be verified by respondent Nos.2 and 3 and in case, no planning permission has been given by respondent No.4 or the construction is in violation of the planning permission, action in accordance with law be taken, after notice to all concerned, within a maximum period of three months of the receipt of the copy of this order, after an inspection is carried out of the site within fifteen days of the receipt of the copy of this order.

2. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.37325 of 2016 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Secretary, Municipal and Water Supply Department, St. George Fort, Chennai-600 009.

2.The Commissioner, 3.The Assistant Commissioner, Central Division, Coimbatore-641 018.

4.The Officer of Town Planning, +1cc to Mr.J. Sathya Narayanan Prasad, Advocate, S.R.No.74404 +1cc to Mr.R. Shanmuam, Advocate, S.R.No.73936 +1cc to the Government Pleader, S.R.No.73988 ug(CO) md(27/12/2016) W.P.No.43496 of 2016