Mohaideen Abdul Kadhar.K.M v. The Director Of Town And Country Plan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021

CORAM:

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE S.ANANTHI K.M.Mohaideen Abdul Kadhar

...Petitioner

-vs1.The Director of Town and Country Plan No.807, Annasalai Chennai-02 2.District Collector Tuticorin Collector Tuticorin 3.The Member Secretary Thoothukudi Local Planning Authority No.51 West Car Street, Thoothukudi 4.Municipal Commissioner Kayalpattinam Municipality Kayalpattinam, Tuticorin District 5.Thoothukudi Municipal Corporation through its Commissioner Thoothukudi 6.Revenue Divisional Officer Thiruchendur Taluk Office Thiruchendur 7.The Thasildhar Thiruchendur Taluk Office Thiruchendur 8.A.H.Asiya Begam 9.M.Y.Abdul Hameed ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent Nos.1 to 7 to initiate proceedings under Town & Country Planning Act 1971 against the unauthorised building construction of the eighth 1/3

respondent in respect of Survey No.468/1A in Door No.29/3A1, Small Nesavu Street, Kayalpattinam, Tuticorin District, based on petitioner's representation dated 11.03.2021, within the time stipulated by this Court.

For Petitioner :

Mr.Chakkkaravarthy.S.J.

For Respondents :

Mr.A.K.Manickam Government Counsel for R1 to R3, R6 & R7

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The petitioner complains of perceived unauthorised construction of a building by the eighth respondent at Survey No.468/1A in Door No.29/3A1, Small Nesavu Street, Kayalpattinam, Tuticorin District.

2. The petitioner says that despite a written representation made on March 11, 2021, the respondent authorities have turned a blind eye to the illegality.

3. Mr.A.K.Manickam, learned Government Counsel, takes notice on behalf of the respondents 1 to 3, 6 and 7. Mr.A.K.Manickam submits that the third respondent would be the appropriate authority to consider the relevant representation.

4. Accordingly, the petitioner is permitted to carry a detailed fresh representation to the third respondent within two weeks of the receipt of a copy of this order whereupon the third respondent will act in accordance with law and inquire into the matter upon affording an opportunity of hearing to both the petitioner and the private respondents. The third respondent will pass a reasoned order within eight weeks of the receipt of the petitioner's fresh representation.

5. Since no view is taken on the merits of the petitioner's complaint and the third respondent has been directed to afford the private respondents an opportunity of hearing before passing any order or taking any precipitous action, this petition is disposed of without previous notice to the private respondents.

6. W.P.(MD) No.12989 of 2021 is disposed of.

2/3

7. There will be no order as to costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) krk / pkn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Director of Town and Country Plan, No.807, Annasalai, Chennai-02.

2.District Collector, Tuticorin Collector, Tuticorin.

3.The Member Secretary, Thoothukudi Local Planning Authority, No.51 West Car Street, Thoothukudi.

4.Revenue Divisional Officer, Thiruchendur Taluk Office, Thiruchendur.

5.The Thasildhar, Thiruchendur Taluk Office, Thiruchendur.

+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate ( SR-24696[F] dated 30/07/2021 ) +1 CC to M/s.GP ( SR-24936[F] dated 02/08/2021 ) 29.07.2021 SJ(CO) LR (06.08.2021) 3P 8C 3/3