S.Navaneethakrishnan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.9265 of 2019 and W.M.P.(MD).No.7281 of 2019 S.Navaneethakrishnan ... Petitioner Vs.

1. The Director, Office of the Directorate of Town and Country Planning, Anna Salai, Chennai 600 002.

2. The District Collector, Collectorate, Thoothukudi District.

3. The Deputy Director, The Town and Country Planning, Tirunelveli Zone, South Byepass Road, Tirunelveli - 5.

4. The Tirunelveli Corporation represented by its Commissioner, Tirunelveli District.

5. Mr.P.Subramanian ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action to prevent the fifth respondent from putting up construction in T.S.Nos.1100/1A Part, 1101/2 Part and 1101/4 (New Sub Division T.S.Nos.1100/1A2, 1101/2A11, 1101/2 and 4A6) in Sindhu Poondurai Village, Tirunelveli Corporation, Tirunelveli District without obtaining building plan approval / planning sanction from the respondents 3 and 4. For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.P.Kannithevan Additional Government Pleader For R4 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R5 : Mr.G.Prabhu Rajadurai

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM,J.) Heard Mr.R.J.Karthick, learned counsel for the petitioner, Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents 1 to 3, Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the fourth respondent and Mr.G.Prabhu Rajadurai, learned counsel for the fifth respondent.

2. The prayer in the writ petition is to issue a writ of Mandamus directing the respondents 1 to 4 to take action to prevent the fifth respondent from putting up construction in T.S.Nos.1100/1A Part, 1101/2 Part and 1101/4 (New Sub Division T.S.Nos.1100/1A2, 1101/2A11, 1101/2 and 4A6) in Sindhu Poondurai Village, Tirunelveli Corporation, Tirunelveli District without obtaining building plan approval / planning sanction from the respondents 3 and 4.

3. The case of the writ petitioner is that the fifth respondent without obtaining planning permission is putting up construction in the above said properties.

4. According to the learned counsel for the fifth respondent, the fifth respondent has obtained planning permission and as per the approved plan, he is constructing the building.

5. The learned counsel for the petitioner would submit that the approved plan is in respect of some other property.

6. However, without going into the disputed question of facts, this Court, directs the fourth respondent to conduct an enquiry, on the basis of the representation of the petitioner dated 04.04.2019 and pass final orders purely on merits and in accordance with law, after providing opportunity of personal hearing to the petitioner and the fifth respondent within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS II)

To

1. The Director, Office of the Directorate of Town and Country Planning, Anna Salai, Chennai 600 002.

2. The District Collector, Collectorate, Thoothukudi District.

3. The Deputy Director, The Town and Country Planning, Tirunelveli Zone, South Byepass Road, Tirunelveli - 5.

4. The Commissioner, The Tirunelveli Corporation, Tirunelveli District.

1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-63171[F] dated 27/04/2019 ) +1 CC to M/s.AAYIRAM K.SELVAKUMAR, Advocate ( SR-63223[F] dated 27/04/2019 ) +1 CC to M/s.R.J.KARTHICK, Advocate ( SR-63226[F] dated 27/04/2019 ) +1 CC to M/s.SPL GP ( SR-63402[F] dated 27/04/2019 ) W.P.(MD).No.9265 of 2019 26.04.2019 DS/ /SAR- (30.04.2019) 3P 8C