B.Jeyanthi, v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Eleventh day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD) Nos.4165,4166 and 4167 of 2019 IN WP(MD) Nos.5215,5216 and 5217 of 2019 B.JEYANTHI ... PETITIONER/ PETITIONER IN WMP(MD)No.4165 of 2019 IN WP(MD)No.5215 of 2019 S.SANGEETHA ... PETITIONER/ PETITIONER IN WMP(MD)No.4166 of 2019 IN WP(MD)No.5216 of 2019 R.UMA MAHESWARI ... PETITIONER/ PETITIONER IN WMP(MD)No.4167 of 2019 IN WP(MD)No.5217 of 2019 Vs 1.THE GOVERNMENT OF TAMILNADU REP.BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT.ST.GEORGE, CHENNAI-600 009.
2.THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPPOSITE TO LIC, CHENGALVARAYAN BUILDING, FOURTH FLOOR, NO.807, ANNA SALAI, CHENNAI-600 002 3.THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, HAKIM AMALKHAN ROAD, CHINA CHOKKIKULAM, MADURAI-2 4.THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.
5.MADURAI CORPORATION, REP.BY ITS COMMISSIONER, MADURAI.
6.THE ASSISTANT COMMISSIONER, MADURAI CORPORATION, MADURAI WEST ZONE, ARASARADI ROAD, MADURAI-1 7.THE LOCAL TOWN PLANNING AUTHORITY, REP.BY ITS MEMBER SECRETARY, 3RD FLOOR, MADURAI CORPORATION BUILDING, THALLAKULAM, MADURAI-2 8 P.RAJU 9 DEIVANAIAMMAL 10 KAMALA 11 KAMATCHI 12 THIRUPPATHI 13 KANNAN 14 ANNAKAMU 15 M.VELUPILLAI 16 V.MUTHURAJAN 17 M.M.MEYYAPPAN 18 KARUPPAIAH 19 ARULMOZHI 20.RAJU,TREASURER, SEMBARUTHI NAGAR VEETTU URIMAIYALARGAL MATTRUM KUDIYIRUPPOR NALASANGAM, SEMBARUTHI NAGAR, NEW VILANGUDI, MADURAI-625 018.
21.SEMBARUTHI NAGAR VEETTU URIMAIYALARGAL MATTRUM KUDIYIRUPPOR NALASANGAM, REP.BY ITS SECRETARY, SEMBARUTHI NAGAR, NEW VILANGUDI, MADURAI-625 018. ... RESPONDENTS/ RESPONDENTS IN ALL THE PETITIONS PRAYER IN WMP(MD)No.4165 of 2019 IN WP(MD)No.5215 of 2019: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of injunction restraining the respondents 5 and 6 from putting up any construction in the petitioners Plot.No.72 bearing New S.No.46/6B and 46/7B measuring 1750 sq.ft situated in Meyyappan Nagar now known as Sembaruthi Nagar, New Vilangudi, Madurai-18, pending disposal of the main Writ Petition. PRAYER IN WMP(MD). 4166/ 2019 IN WP(MD)NO.5216 of 2019 : To grant an order of injunction restraining the respondents 5 and 6 from putting up any construction in the petitioner's Plot.No.71 bearing New S.No.46/6E and 46/7C measuring 1.5 Ares situated in Meyyappan Nagar now known as Sembartuhi Nagar, New Vilangudi, Madurai-18 pending disposal of the main Writ Petition.
PRAYER IN WMP(MD). 4167/ 2019 IN WP(MD)No.5217 of 2019: To grant an order of Injunction restraining the respondents 5 and 6 from putting up any construction in the petitioner's Plot No.73 bearing New S.No. 46/6C measuring 2260.4 sq.ft situated in Meyyappan Nagar not known as Sembaruthi Nagar, New Vilangudi, Madurai-18 pending disposal of the main Writ Petition. ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.M.SARAVANAN, Advocate for the petitioner in all the petitions, and of Mr.S.
CHELLAPANDIAN, Advocate for R5 and R6 in all the petitions, while admitting the WPs, the court made the following order:- The only prayer made by the writ petitioner is that the present development of the petition mentioned area should conform to the lay out requirements. The petitioner specific case is that the development has taken place in deviation of the lay out terms, the petitioner seeks restoration of the position as stay out in the lay out lands. Hence, the writ civil miscellaneous petition has been filed.
2.I am of view that relief can be granted to the petitioner only after putting interested parties on notice. Hence, the writ petition stands admitted. The pendency of the writ petition will not come in the way of the concerned authority from taking action as per law. The writ civil miscellaneous petition is dismissed. sd/- 11/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SECRETARY, THE GOVERNMENT OF TAMILNADU DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT.ST.GEORGE, CHENNAI-600 009.
2.THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPPOSITE TO LIC, CHENGALVARAYAN BUILDING, FOURTH FLOOR, NO.807, ANNA SALAI, CHENNAI-600 002
3.THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, HAKIM AMALKHAN ROAD, CHINA CHOKKIKULAM, MADURAI-2 4.THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI.
5.THE COMMISSIONER, MADURAI CORPORATION, MADURAI.
6.THE ASSISTANT COMMISSIONER, MADURAI CORPORATION, MADURAI WEST ZONE, ARASARADI ROAD, MADURAI-1 7.THE MEMBER SECRETARY, THE LOCAL TOWN PLANNING AUTHORITY, 3RD FLOOR, MADURAI CORPORATION BUILDING, THALLAKULAM, MADURAI-2 +1. C.C. to Mr.R.SUBRAMANIAN Advocate SR.No.4594
ORDER
IN WMP(MD) Nos.4165,4166 and 4167 of 2019 IN WP(MD) Nos.5215,5216 and Date :11/03/2019 TK/PN/SAR-2/19.03.2019/4P/9C