Madras High CourtWP/34825/2018disposed of

G.Thirunavukkarasu v. The Secretary To Government

2019-02-07Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.34825 of 2018 and 1 G.Thirunavukkarasu 2 T.Gangadharan .. Petitioners v.

1 The Secretary to Government Government of Tamil Nadu Housing and Urban Development Secretariat, Chennai - 600009 2 The District Collector/ District President Local Planning Authority Erode Local Planning Authority Erode 3 The Commissioner Town and Country Planning No. 807, Anna Salai Chennai - 600 002 4 The Commissioner Erode Municipal Corporation Erode - 638001 5 The Member Secretary/ Assistant Director Erode Local Planning Authority Erode - 638009 6 The Assistant Executive Engineer / Assistant Commissioner i/c.

Erode Corporation Zone - IV Kasipalayam Erode - 638002 7 The Superintending Engineer TANGEDCO

8 The Assistant Engineer (O an d M) Erode East Nos. 7 and 8 at No. 948 EVN Salai TNEB Complex Erode 638009 9 M.Mohamed Siraj .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the respondents 2 to 6 to carry out the lock and sealing and demolition of unauthorized construction consequent the order R.O.C. No. E1/ 1321/2014, dated 02.01.2017 of the 4th respondent herein.

For Petitioners : Mr.D.Shivakumaran For Respondents :Mr.S.Kamalesh Kannan, Govt Advocate - For - R1,R3 & R5 Mr.Raja Mathivanan - for R4 & R6 Mr.S.K.Rameshwar, Standing Counsel - for R7 Mr.L.Chandra Kumar for R9

O R D E R

(Order of the Court made by The Hon'ble Chief Justice and M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondent Nos. 2 to 6 to carry out the lock and sealing and demolition of unauthorized construction consequent to the order dated 02.01.2017 of the respondent No.4.

2. The learned counsel appearing for the respondent No.9 filed a counter affidavit stating that subsequent to the filing of the Writ Petition, the respondent No.5 had issued a communication to him on 25.01.2019 to consider and scrutinize his on-line application dated 21.03.2018. Further, the respondent No.5 has called upon the respondent No.9 to produce all the documents and regularization plan as per G.O.Ms.No.110, 111 and 112, Housing and Urban Development Department, dated 22.06.2017. Further, the respondent No.9 has stated that on 31.01.2019, he had submitted all the documents and regularization plan to the respondent No.5. The respondent No.9 has also stated that the regularization of the building plan is still under process.

3. The learned counsel appearing for the petitioner submitted that since the respondent No.9 has submitted his application for regularization, the same may be recorded and

the Writ Petition may be disposed of.

4. In view of the submissions made by the learned counsel on either side, recording the submission made by the learned counsel appearing for the respondent No.9, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Rj To 1 The Secretary to Government Government of Tamil Nadu Housing and Urban Development Secretariat, Chennai - 600009 2 The District Collector/ District President Local Planning Authority Erode Local Planning Authority Erode 3 The Commissioner Town and Country Planning No. 807, Anna Salai Chennai - 600 002 4 The Commissioner Erode Municipal Corporation Erode - 638001 5 The Member Secretary/ Assistant Director Erode Local Planning Authority Erode - 638009 6 The Assistant Executive Engineer / Assistant Commissioner i/c.

Erode Corporation Zone - IV Kasipalayam Erode - 638002 7 The Superintending Engineer TANGEDCO

8 The Assistant Engineer (O an d M) Erode East Nos. 7 and 8 at No. 948 EVN Salai TNEB Complex Erode 638009 +1cc to Mr.D.Shiva Kumaran, Advocate, S.R.No. 11312 +1cc to Mr.M.Raja Mathivanan, Advocate, S.R.No. 10591 +1cc to Mr.L.Chandra Kumar, Advocate, S.R.No. 10618 +1cc to the Government Pleader, S.R.No. 11328 W.P. No.34825 of 2018 KAN(CO) GN(06/03/2019)