Banupriya v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2018 CORAM :
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.28262 of 2018 Banupriya .. Petitioner Vs.
1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Commissioner, Directorate of Town and Country Planning, Chengalvarayan Building, 4th & 5th Floor, No.807, Anna Salai, Chennai - 600 002.
3. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Tiruvellore District.
4. Muthukumar .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus directing the respondents 1 to 3 to take further action in pursuant to the order in Ref.Nil dated 21.05.2018 and the letter in Ref.Na.Ka.693/2018/F1 dated 05.06.2018 issued by the 3rd respondent for the illegal construction at Plot No.79 and 81-A of Moovendar Nagar Phase-I comprised in Survey No.140/1 part of Noombal Village, Ambattur Taluk, Thiruvallur District in a time bound period.
For Petitioner : Mr.K.Mohanamurali For Respondents: Mr.S.Kamalesh Kannan, Government Advocate (R1 & R2) Mr.R.Mohandoss (R3) Mr.V.Rameshvel (R4)
O R D E R
(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of mandamus directing the respondents 1 to 3 to take further action in pursuant to the order dated 21.05.2018 and the letter dated 05.06.2018 issued by the 3rd respondent for the illegal construction at Plot No.79 and 81-A of Moovendar Nagar Phase-I comprised in Survey No.140/1 part of Noombal Village, Ambattur Taluk, Thiruvallur District.
2. When the Writ Petition is taken up for hearing, the learned counsel for the 4th respondent submitted that the notice dated 21.05.2018 issued by the 3rd respondent, which is annexed at page-25 of the typed set of papers, has not been served on the 4th respondent, therefore, the 4th respondent had no opportunity to file his reply to the said notice.
3. The learned counsel appearing for the respondents 1 to 3 submitted that the 4th respondent may be directed to send his reply to the notice dated 21.05.2018, which is annexed at page25 of the typed set of papers within a time frame and on receipt of the same, the 3rd respondent may be directed to proceed further.
4. The learned counsel for the 4th respondent also submitted that the 4th respondent would give his reply to the notice dated 21.05.2018 within two weeks time.
5.In view of the submissions made by the learned counsel on either side, we direct the 4th respondent to give his reply to the notice dated 21.05.2018, which is annexed at page-25 of the typed set of papers, to the 3rd respondent within two weeks from the date of receipt of a copy of this order and on receipt of the same, the 3rd respondent shall pass appropriate orders after considering the reply to be given by the 4th respondent and shall take appropriate further action in accordance with law. 6.With these observations, the Writ Petition is disposed of. No costs.
va Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To
1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Commissioner, Directorate of Town and Country Planning, Chengalvarayan Building, 4th & 5th Floor, No.807, Anna Salai, Chennai - 600 002.
3. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Tiruvellore District.
+1cc to M/S.V.Rameshvel, Advocate, S.R.No.86182 +1cc to M/s.R.Mohandoss, Advocate, S.R.No.86544 +1cc to M/s.K.Mohanamurali, S.R.No.86122.
W.P. No.28262 of 2018 CP(CO) KAK(04/01/2019)