T.C.B. Ravi v. The Director Of Town And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13842 of 2014 and M.P.(MD).Nos.1 & 2 of 2014 & 1 of 2015 T.C.B.Ravi .. Petitioner Vs.

1.The Director of Town and Country Planning, Tiruchirapalli.

2.The Member, Secretary (General) Local Planning Commission, Tiruchirappalli.

3.The Commissioner, Tiruchirapalli Corporation Tiruchirapalli.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari to call for the records in the impugned order Na.Ka.No.F1/4962/2011(Ko.abi) dated 17.8.2014 on the file of 3rd respondent and quash the same as illegal unconstitutional and ultra vires.

For petitioner : Mr.S.Ramesh For Respondents 1 & 2 : Mr.M.Govindan Special Government Pleader For 3rd Respondent :Mr.N.S.Karthikeyan

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The notice issued by the third respondent, dated 17.08.2014 under Sections 56 and 57 of the Town and Country Planning Act is under challenge in this writ petition.

2.The petitioner appears to have constructed a commercial building in violation of the permit issued by the Local Body. The Corporation took enforcement action.

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3.The learned counsel for the petitioner contended that the application submitted by the petitioner for revised plan was returned by the Local Planning Authority, Tiruchirapalli, with advice to approach the Corporation.

3.Since the learned standing counsel for the Trichirappalli City Municipal Corporation, on instructions, submitted that for the given area constructed by the petitioner, the Local Planning Authority is not the competent authority to revise the plan, we grant two weeks time to the petitioner to approach the Corporation for appropriate relief.

4.The execution of the impugned proceedings shall be kept in abeyance for a period of three weeks from today. It is open to the authorities, thereafter, to initiate appropriate action in accordance with law.

5.The writ petition is disposed of with the above direction. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To:

1.The Director of Town and Country Planning, Tiruchirapalli.

2.The Member, Secretary (General) Local Planning Commission, Tiruchirappalli.

3.The Commissioner, Tiruchirapalli Corporation Tiruchirapalli.

+1CC to Mr.V.Raghavachari, Advocate, SR.No.72965 +1CC to Mr.N.S.Karthikeyan, Advocate, SR.No. 72992 ORDER MADE IN W.P(MD)No.13842 of 2014 17.08.2017 vs JM/SV MMS/SAR 4/21.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/