Vellingiri Hill Tribal v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Vellingiri Hill Tribal Protection Society Rep. by its President P.Muthammal No.63, Kulathery Gandhiji Street, Muttathuvayal, Semmedu Post, Coimabtore District-641 114.
: Petitioner Vs 1.Union of India Rep. by Secretary to Government Ministry of Environment and Forest Paryavaran Bhawan, CGO Complex Lodhi Road New Delhi-3.
2.The Secretary to Government Housing and Urban Development Department and Chairman Hill Area Conservation Authority Secretariat Chennai- 9.
3.The District Collector, Coimbatore District 4.The Hill Area Conservation Authority (District Collector) Coimbatore District -641 018.
5.Thiru.T.N.Hariharan District Collector, Coimbatore District
6.The Commissioner Town and Country Planning No.807, Anna Salai, Chennai-2.
7.The Deputy Director Town and Country Planning Coimbatore Region Corporation Commercial Complex Nanjappa Road, Coimbatore-18.
8.The District Forest Officer Coimbatore Region, Coimbatore-641 043.
9.The Assistant Director Tamil Nadu Pollution Control Board No.42D, S.N.R.College Road Peelamedu, Coimbatore-641 004.
10.The Revenue Divisional Officer Coimbatore South, Coimbatore-641 018.
11.The Executive Officer Ikkarai Boluvampatty Panchayat Thondamuthur Panchayat Union Coimbatore District-641 114.
12.The Managing Trustee Isha Foundation, 15, Govindasamy Naidu Layout Singanallur, Coimbatore-641 005.
: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 2 to 11 to restore the wet lands by demolishing the unauthorized construction constructed by the 12th respondent in S.F.Nos.103, 104/1, 105/1, 105/2, 685/1, 685/2, 678/1, 677/1, 676, 679/2, 673, 672/2, 660/1, 661, 677/2A, 657/2B, 658/2A, 658/2B, 659/2, 646, 647, 645/1, 643/1, 108/1/1C1 and 1081/1C2 situated at Ikkarai Poluvampatti Village, Perur Taluk, Coimbatore District and consequently directing the respondents 2 to 11 to implement the G.O.Ms.No.44 of Planning and Development Department dated 2.4.1990 and G.O.Ms.No.49 of Housing and Urban Development
Department dated 24.3.2003 letter and spirit in accordance with the Town and Country Planning Act.
For petitioner :
Mr.M.Purushothaman For 1st Respondent :
Mr.B.Sudhir Kumar, SPC For Respondents 2 to 4 :
Mrs.R.Anitha, Spl.G.P.
6, 7 and 10 For Respondent No.9 :
Ms.S.Shanmugavalli Sekar Fort Respondent No.12 :
Ms.A.M.Amutha Ganesh for M/s.Nortan & Grant For Respondents 5 & 11 :
No appearance
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.M.Purushothaman, learned counsel for the petitioner, Mr.B.Sudhir Kumar, learned counsel for the first respondent; Mrs.R.Anitha, learned Spl.G.P., for respondents 2 to 4, 6, 7 and 10, Ms.S.Shanmugavalli Sekar, learned counsel for respondent No.9, Ms.A.M.Amutha Ganesh, learned counsel for respondent No.12.
2. Mrs.R.Anitha, learned Special Government Pleader, has placed on record the status report about the no objection certificates and permissions not being obtained by respondent no.12.
3. The Joint Director, District Town and Country Planning, shall consider the documents that may be placed by the petitioner and respondent no.12 and shall verify about the permissions in force and if the same is not in order, shall take further steps expeditiously with regard to the building that may not be constructed in accordance with the plan and the no objection certificate .
4. Respondent No.12 may place all the documents on which it relies with the authority, within two weeks from today.
5. With this observation, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.21078, 3585 to 3587 of 2017 are closed.
(S.V.G., CJ.) (P.D.A., J.) 18.08.2023 Index : Yes/No : Yes/No tar To 1.The Secretary to Government Ministry of Environment and Forest Paryavaran Bhawan, CGO Complex Lodhi Road New Delhi-3.
2.The Secretary to Government Housing and Urban Development Department and Chairman Hill Area Conservation Authority Secretariat Chennai- 9.
3.The District Collector, Coimbatore District 4.The Hill Area ConservationAuthority (District Collector) Coimbatore Collector Collectorate Coimbatore-641 018.
5.The Commissioner Town and Country Planning No.807, Anna Salai, Chennai-2.
6.The Deputy Director Town and Country Planning Coimbatore Region Corporation Commercial Complex Nanjappa Road, Coimbatore-18.
7.The District Forest Officer Coimbatore Region, Coimbatore-641 043.
8.The Assistant Director Tamil Nadu Pollution Control Board No.42D, S.N.R.College Road Peelamedu, Coimbatore-641 004.
9.The Revenue Divisional Officer Coimbatore South Coimbatore-641 018.
10.The Executive Officer Ikkarai Boluvampatty Panchayat Thondamuthur Panchayat Union Coimbatore District-641 114.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) 18.08.2023