J.Krishnakumar v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR J.Krishnakumar .. Petitioner vs 1.The Director, Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
2.The Principal Secretary, Housing & Urban Development Department, Fort St. George, Secretariat, Chennai-09.
3.The Deputy Director of Town and Country Planning, 2nd Floor, Dr. Nanjappa Road, Gopalapuram, Coimbatore-641 018.
4.The Commissioner, Pollachi Municipality, Pollachi-642 001.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representations dated 11.7.2022 and 01.9.2022 and to take appropriate action to remove all the illegal constructions/encroachments.
For the Petitioner : Ms.K.Abhirame for Mr.V.Raghavachari For the Respondents : Mr.R.Anitha Spl. Government Pleader for respondent Nos.1 to 3 : Mr.B.Anand Standing Counsel for respondent No.4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner seeking issuance of a writ of mandamus directing the respondents to consider the representations dated 11.7.2022 and 01.9.2022 of the petitioner and to take action for removal of all the illegal constructions/ encroachments.
2. Learned counsel appearing for the petitioner submitted that by violating the building approval, the building owners have raised constructions and also there are lot of unauthorised and illegal constructions in Pollachi Municipality. He would submit that highlighting the violations, the petitioner has submitted representations dated 11.7.2022 and 01.9.2022 to the respondent authorities. Despite receipt of the said representations, the respondent authorities have not taken any action so far. Hence, the petitioner was constrained to file the present writ petition.
3. At this stage, learned counsel appearing for the fourth respondent submitted that the fourth respondent is the competent authority and the said respondent will consider and dispose of the representations of the petitioner within a period of four weeks.
4. Recording the submission made by learned counsel for the fourth respondent, the writ petition is disposed of by directing the fourth respondent to consider and dispose of the representations of the petitioner dated 11.07.2022 and 01.09.2022 on merits and in
accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after issuing notice to all concerned. There will be no order as to costs.
(T.R., ACJ.) (D.K.K., J.) 21.11.2022 Index : Yes/No bbr To:
1.The Director, Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.
2.The Principal Secretary, Housing & Urban Development Department, Fort St. George, Secretariat, Chennai-09.
3.The Deputy Director of Town and Country Planning, 2nd Floor, Dr. Nanjappa Road, Gopalapuram, Coimbatore-641 018.
4.The Commissioner, Pollachi Municipality, Pollachi-642 001.
T.RAJA, ACJ.
AND D.KRISHNAKUMAR,J.
bbr 21.11.2022