M.Arun v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Arun ..
Petitioner Vs.
1. The Director O/o. The Director Town and Country Planning 2, 3, 4th Floors, C&E Market Road Koyambedu, Chennai 600 120.
2. The District Collector Tiruppur District
3. The Commissioner Tiruppur Municipality
4. The Assistant Director Town and Country Planning Department Tamil Nadu T&C Planning Office 1st Floor, Kumaran Commercial Complex Tiruppur 641 601.
5. KPK Hotels Pvt Ltd.
Rep. by its No.15, Gandhi Road Velampalayam Kovai Department Backside ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to initiate action against the building situated at No.15, Gandhi Road, Velampalayam, Kovai Department Backside, Tiruppur based upon the representations of the petitioner herein dated 22.06.2023 and 08.11.2023.
For the Petitioner : Mr.J.Ramesh For Mr.T.Balaji For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1, 2 & 4 Mr.Abhishek Murthy Standing Counsel for Respondent-3
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.J.Ramesh, learned counsel for Mr.T.Balaji, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1, 2 and 4 and Mr.Abhishek Murthy, learned Standing Counsel for the third respondent.
2. Learned counsel for the petitioner submits that the fifth respondent has carried out illegal construction after purchasing the property in an auction conducted under SARFAESI Act. Without permission, ten floors are constructed. Earlier, there were six floors. The construction is not in accordance with construction permission.
3. In the present writ petition, it would not be possible for us to pass any orders in the absence of relevant documents on record. The third respondent is the planning authority. It is for the third respondent to consider whether the construction is in accordance with the sanctioned permission and law.
4. With the aforesaid observation, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index :
Yes/No :
Yes/No kpl
To
1. The Director O/o. The Director Town and Country Planning 2, 3, 4th Floors, C&E Market Road Koyambedu, Chennai 600 120.
2. The District Collector Tiruppur District
3. The Commissioner Tiruppur Municipality
4. The Assistant Director Town and Country Planning Department Tamil Nadu T&C Planning Office 1st Floor, Kumaran Commercial Complex Tiruppur 641 601.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 07.12.2023