Sivakumar Perumal, v. The Director Of Town And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.04.2023
CORAM
THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN Sivakumar Perumal Rep. by his Power of Attorney Agent S.Sundaramoorthy .. Petitioner Vs.
1.The Director of Town and Country Planning 4th Floor, PT. Lee. Chengalvaraya Naicker Building No.807, Anna Salai Chennai 600 002 2.The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Member Secretary (I/C) Mamallapuram Local Planning Authority No.5, Rathas Shopping Complex Mamallapuram Chengalpet Taluk 603 104 1/6
4.The Director Arihant Foundations and Housing Limited Old No.25, New No.3, Ganapathy Colony 3rd Lane Cenotaph Road, Teynampet Chennai 600 018 5.The President Pudhupakkam Village Panchayat Chengalpattu District .. Respondents (R5 Suo motu impleaded) Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 3 to take immediate action against the 4th respondent herein in respect of the deviations, irregularities and illegalities committed by the 4th respondent herein in the matter of development of the property namely Flat No.C-202, Arihant Frangipani, M.R.Radha Main Road, Pudupakkam, Kelambakkam, Kancheepuram District pursuant to the representations made by the petitioner dated 26.10.2015, 05.12.2016 and 18.04.2017 and direct the 4th respondent to set right the deviations and maintain the residential complex of flats as per the planning approval. For Petitioner : Ms.R.Meenakshi for Mr.S.Sadasharam For R1 & R3 : Mrs.R.L.Karthika Government Advocate For R2 : Mr.C.N.Vinobha Standing Counsel For R4 :
Mr.Varun Mohan for Mr.G.Vivekanandan For R5 :
Mr.E.Vijay Anand Additional Government Pleader 2/6
O R D E R
(Order of the Court was made by V.M.VELUMANI, J.) The petitioner has come out with the present Writ Petition for a direction to the respondents 1 and 3 to take action against the 4th respondent in respect of the deviations, irregularities and illegalities committed by the 4th respondent pursuant to the representations made by the petitioner dated 26.10.2015, 05.12.2016 and 18.04.2017 and for a direction to the 4th respondent to set right the deviations and maintain the residential complex of flats as per the planning approval.
2. The grievance of the petitioner is that the 4th respondent, in deviation from the approved plan had constructed flats. Hence, the petitioner sent representations dated 26.10.2015, 05.12.2016 and 18.04.2017 to the respondents. Since no action has been taken on the said representations, the petitioner has come out with the present writ petition for the relief sought for above.
3. Heard the learned counsels appearing for the parties and perused the materials on record.
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4. Learned Government Advocate appearing for respondents 1 & 3 submitted that on receipt of the petitioner's complaint, the 3rd respondent inspected the property in question and found that construction put up by the 4th respondent is in deviation from the approved plan and on instructions, submitted that the President, Pudhupakkam Village Panchayat is the authority to take action for removal of unauthorised construction. Hence, this Court, suo motu impleads the President, Pudhupakkam Village Panchayat, Chengalpattu District as 5th respondent in this Writ Petition. Mr.E.Vijay Anand, learned Additional Government Pleader takes notice for the newly impleaded 5th respondent.
5. Considering the above materials and submissions made by the learned counsel for the parties, the 5th respondent is directed to inspect the property in question within a period of two weeks from the date of receipt of a copy of this order after issuing notice to the petitioner and 4th respondent and on inspection, if there is any unauthorised construction/deviation from the approved plan is found, the 5th respondent is directed to take appropriate action for removal of unauthorised construction / deviated construction, after issuing notice to the petitioner as well as the 4th respondent, within a period of four weeks thereafter. 4/6
6.With the above directions, this writ petition is disposed of. No costs. (V.M.V.,J.) (V.L.N.,J.) 25.04.2023 Index : Yes/No gya To 1.The Director of Town and Country Planning 4th Floor, PT. Lee. Chengalvaraya Naicker Building No.807, Anna Salai Chennai 600 002 2.The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Member Secretary (I/C) Mamallapuram Local Planning Authority No.5, Rathas Shopping Complex Mamallapuram Chengalpet Taluk 603 104 4.The Director Arihant Foundations and Housing Limited Old No.25, New No.3, Ganapathy Colony 3rd Lane Cenotaph Road, Teynampet Chennai 600 018 5.The President Pudhupakkam Village Panchayat Chengalpattu District 5/6
V.M.VELUMANI, J.
AND V.LAKSHMINARAYANAN, J.
gya 25.04.2023 6/6