L.G. Sarath Inigo, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2015
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.10589 of 2015 and M.P.(MD)No.1 of 2015 L.G.Sarath Inigo ...Petitioner Vs.
1.The District Collector, Collectorate, Kokirakullam, Tirunelveli-627 009.
2.The Directorate of Town and Country Planning represented by its Commissioner, No.807, Anna Salai, Chennai-600 002.
3.The Local Planning Authority- Tirunelveli, represented by its Member Secretary, No.108, Trivandram Road, Tirunelveli-627 002.
4.The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli-627 001.
5.The Executive Engineer Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli-627 001.
6.Tmt.Vijayalakshmi The Partner, Hotel Raams Parks, Plot No.25, Jebanagar Vasanthapuram South Street, Melapalayam Post, Tirunelveli-627 005.
7.Tmt.Rani The Partner, Hotel Raams Parks, Plot No.25, Jebanagar Vasanthapuram South Street, Melapalayam Post, Tirunelveli-627 005.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents 1,2,3,4 and 5 to take necessary steps to stop the usage of illegal construction made by the Respondents 6 and 7 herein Plot No.25, Jebanagar, Vasanthapuram South Street, Melapalayam Post, Tirunelveli-627 005 and to demolish the same in accordance with Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971; and Sections 272, 274, 284, 296 and 297 of the Tirunelveli City Municipal Corporation Act, 1994. For Petitioner : Mr.J.Ashok for M/s.Jeyapaul Associates For Respondents : Mr.Aayiram K.Selvakumar Government Advocate for R4&R5 Mrs.S.Bharathi, Government Advocate, for R1 to R3
O R D E R
This writ petition has been filed for a Writ of Mandamus directing the Respondents 1,2,3,4 and 5 to take necessary steps to stop the usage of illegal construction made by the Respondents 6 and 7 herein Plot No.25, Jebanagar, Vasanthapuram South Street, Melapalayam Post, Tirunelveli-627 005 and to demolish the same in accordance with Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971; and Sections 272, 274, 284, 296 and 297 of the Tirunelveli City Municipal Corporation Act, 1994.
2.In the area classified as Primary Residential Area, the respondents 6 and 7 are constructing commercial complexes, despite repeated representations made by the petitioner, without obtaining any prior approval from the concerned authorities. The learned counsel for the petitioner submits that the authorities issued demolition notices and in spite of the same, the construction activities are going on. Hence, the petitioner is before this Court.
3.Heard the learned counsel for the petitioner as well as the learned Government Advocates, who took notice for the respondents 1 to 5.
4.Considering the facts and circumstances of the case, the respondents 1 to 5 are directed to consider the case of the petitioner, verify all the relevant documents related to the permission granted for construction of complexes, and thereafter take appropriate action in accordance with law, after due notice to the petitioner as well as all the interested parties, within a period of six weeks from the date of receipt of a copy of this order.
5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, Kokirakullam,Tirunelveli-627 009.
2.The Commissioner, Directorate of Town and Country Planning No.807, Anna Salai,Chennai-600 002.
3.The Member Secretary, Local Planning Authority-Tirunelveli, No.108, Trivandram Road, Tirunelveli-627 002.
4.The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road,Tirunelveli-627 001.
5.The Executive Engineer Tirunelveli City Municipal Corporation, S.N.High Road,Tirunelveli-627 001.
+1cc to MR.J.Ashok, Advocate Sr.No 33468 +1cc to MR.Aayiram K.Selvakumar,Advocate Sr.No.34460 +1cc to Spl.Government Pleader, Sr.No.34347 km AA/16.07.2015/3p- 9c/ W.P.(MD)No.10589 of 2015 and M.P.(MD)No.1 of 2015 26.06.2015