K.S.Srinivasan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.31715 of 2022 K.S.Srinivasan .. Petitioner vs 1.The Commissioner, Town and Country Planning Department, No.807, Anna Salai, Chennai - 600 002.
2.The Assistant Director, Town and Country Planning Department, Salem Division, No.6, Sannathi Street, Subramani Nagar, Salem - 636 005.
3.The District Collector, Erode District, Erode.
4.The Block Development Officer, Block Development Office, Bhavani, Erode District.
5.The Superintendent Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Gobichettipalayam, Erode District.
6.Panchayath President Kuruppanayakanpalayam Village and Post, Bavani Village Union, Erode District.
7.V.Balachandran .. Respondents 1/5
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus seeking for a direction to direct the 1st respondent to shut down the power loom situated at Survey No.70/3 and pass orders in accordance with law and pass such further orders as this Court may deem fit and proper in the interest of justice.
For Petitioner :
Mr.A.A.Venkatesan For Respondents :
Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3 Mr.I.Syed Sibghatulla Standing Counsel for R5 Mr.V.P.R.Elamparithi Additional Government Pleader for R4, R6
ORDER
The petitioner has sought a mandamus directing R1 to shut down the power loom at Survey No.849/850, Vadakku Street, Kuruppa Naickeanpalayam, Bhavani Talku, Erode District (property / property in question).
2.
Mr.Gokul Krishnan, learned Additional Government Pleader, who appears for the respondents states that pending writ petition, the Deputy Director of the Erode District and Town Planning Department has issued a notice to R7 calling for certain documents to establish that the power loom being run in the property in question, is with proper approvals. 2/5
3.
In such circumstances, mandamus, as sought for, is rendered unnecessary as necessary action has already been initiated by the proper authorities. Notice dated 04.03.2024 gives R7 15 days to produce the building approval details as the basis of the notice is that the petitioner has obtained planning permit for a residence but is now using the same for industrial activity. 4.
According to learned counsel for R7, R7 has not complied with the notice. Hence, while disposing this writ petition, there is a direction to R7 to cooperate in the proceedings initiated now by the Deputy Director and produce all details sought for. There is a further direction to the Deputy Director to complete the proceedings, expeditiously and in accordance with law, within a period of four weeks from today and file a status report accompanied by a copy of this order before the Registry. No costs. Connected miscellaneous petition is closed.
25.03.2024 Index:Yes/No ssm Note to Registry : Place the Status Report and annexures before me in Chambers.
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To 1.The Commissioner, Town and Country Planning Department, No.807, Anna Salai, Chennai - 600 002.
2.The Assistant Director, Town and Country Planning Department, Salem Division, No.6, Sannathi Street, Subramani Nagar, Salem - 636 005.
3.The District Collector, Erode District, Erode.
4.The Block Development Officer, Block Development Office, Bhavani, Erode District.
5.The Superintendent Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Gobichettipalayam, Erode District.
6.Panchayath President Kuruppanayakanpalayam Village and Post, Bavani Village Union, Erode District.
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DR. ANITA SUMANTH,J.
ssm 25.03.2024 5/5