M.Malliga v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Malliga ..
Petitioner Vs.
1. The Member Secretary Chennai Metropolitan Development Authority Egmore, Chennai - 600 008.
2. The District Collector Thiruvallur District, Thiruvallur.
3. The Deputy Director of Town and Country Planning Thiruvallur District, Thiruvallur.
4. The Assistant Director of Panchayats Thiruvallur District, Thiruvallur.
5. The Commissioner Puzhal Panchayat Union, Puzhal, Ponneri Taluk Thiruvallur District.
6. The Village Panchayat President Vilangadupakkam Village Panchayat Puzhal Panchayat Union Ponneri Taluk, Thiruvallur District.
7. M/s.The Blue Moon Ventures No.261, Nagathamman Kovil Vilangadupakkam Village Ponneri Taluk, Thiruvallur District.
8. M/s.Devi Furniture No.78, Parthasarathy Nagar Part 2, Vilangadupakkam Village Panchayat Puzhal Panchayat Union Ponneri Taluk, Thiruvallur District.
9. M/s.Kalinga Laminating Industries Survey No.156/2B4 Dharkas Road, Pallikuppam Villangadupakkam Village Ponneri Taluk, Thiruvallur District Chennai - 600 052.
10. NRM Ready-mix Company Dharkas Road, Pallikuppam Villangadupakkam Village Ponneri Taluk, Thiruvallur District Chennai - 600 052.
11. Shivmith Polymer Pvt. Ltd. and Aadhithya Plastic Industries S.No.388, Kannampalayam Road Kannampalayam, Villangadupakkam Village Ponneri Taluk, Thiruvallur District Chennai - 600 052.
12. Vinayaga Warehouse Pvt. Ltd S.No.103, 138/C, Dharkas Road Villangadupakkam Village Chennai - 600 052.
13. M/s.Ultra Tech Readymix Company
Sendrambakkam Village Ponneri Taluk, Thiruvallur District Chennai - 600 052.
14. TATA Projects Sendrambakkam Village Ponneri Taluk, Thiruvallur District Chennai - 600 052.
15. H.Sudharani
16. Lalita Jain & Upthiyan Chand Nassar
17. Chandra Prakash ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 to take appropriate action on the unauthorized construction of buildings, godowns, warehouses raised by the private respondents based on the representation dated 09.01.2023, 27.06.2023, 03.07.2023 and 05.08.2023.
For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.Y.Bhuvanesh Kumar for R1 Mr.P.Muthukumar State Government Pleader for R2 to R6
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.C.Prabakaran, learned counsel for the petitioner, Mr.Y.Bhuvanesh Kumar, learned counsel for respondent 1 and Mr.P.Muthukumar, learned State Government Pleader for respondents 2 to 6.
2. Learned counsel for the petitioner submits that the private respondents have carried out illegal constructions without obtaining necessary permission.
3. In the present writ petition, no details are given as of the survey numbers; where the constructions are carried out; and on what basis the petitioner came to the conclusion that permission was not obtained.
4. Learned counsel for the petitioner submits that an application has been given under the Right to Information Act, 2005 [in short, "RTI Act, 2005"], but the information sought is not received.
5. A petition cannot be filed on the basis of half baked
information. In case the petitioner gets authentic documents to prove that the private respondents are carrying out some construction activity against the provisions of law or without permission, then the aggrieved person can agitate in respect of the same.
6. Learned counsel for the petitioner submits that he would obtain the information sought under the RTI Act, 2002 and then would proceed further with the matter.
7. In view of that, the writ petition stands disposed of. If the aggrieved person gets any authentic documents on the illegal constructions, then may agitate by filing a petition afresh. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 08.01.2024 Index :
Yes/No :
Yes/No drm
To
1. The Member Secretary Chennai Metropolitan Development Authority Egmore, Chennai - 600 008.
2. The District Collector Thiruvallur District, Thiruvallur.
3. The Deputy Director of Town and Country Planning Thiruvallur District, Thiruvallur.
4. The Assistant Director of Panchayats Thiruvallur District, Thiruvallur.
5. The Commissioner Puzhal Panchayat Union, Puzhal, Ponneri Taluk Thiruvallur District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 08.01.2024