B. Shanmuga Sundaram v. The Commissiner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20920 of 2015 and M.P(MD)No.1 of 2015 B.Shanmuga Sundaram ... Petitioner Vs.

1.The Commissioner, Thanjavur Corporation, Thanjavur District.

2.The Member Secretary, Local Planning Authority, Thanjavur Corporation, Thanjavur.

3.R.Raja ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to take action against the illegal construction made in Survey No.2957/A situated at G.,A.Canal road, Thanjavur by the 3rd respondent by considering the representation dated 21.09.2015 given by the petitioner within the period that may be stipulated. For Petitioner: Mr.R.Gandhi For R1 : Mr.N.Mohoharan For R2 : Mr.M.Govindan Special Government Pleader For R3 : Mr.G.Karnan

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner filed this writ petition with a grievance that the third respondent put up a building in Survey No.2957/A situated at G.A.Canal road, Thanjavur without obtaining planning permission. Since no action was taken by the local authority, the petitioner filed this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Special Government Pleader appearing for the first respondent on instructions would submit that a report was

sent to the local planning authority for taking action against the third respondent on 15.10.2015.

3.The learned counsel appearing for the third respondent submitted that there was no act of un-authorized construction by the third respondent and as such allegation is not correct. 4.We direct the first respondent to consider and dispose of the representation submitted by the petitioner, dated 21.09.2015 on merits and as per law, after issuing notice to the third respondent. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 5.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Thanjavur Corporation,Thanjavur District.

2.The Member Secretary, Local Planning Authority, Thanjavur Corporation, Thanjavur.

+1cc to M/S.G.KARNAN, Advocate SR.No.76861 +1cc to the Special Government Pleader, SR.No. 77685 sss/am MAS/SV-MMS/SAR2:27.09.2017:2P-5C W.P.(MD)No.20920 of 2015 06.09.2017 https://hcservices.ecourts.gov.in/hcservices/