M.Indrani, v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.5208 of 2019 M.Indrani ... Petitioner -vs1.The Chairman Town and Country Planning 807, Anna Salai Chennai-600 002 2.The Assistant Director Town and Country Planning 4, Hakkim Ajmalkhan Road Chinnachockikulam, Madurai-625 002 3.The Member Secretary Local Planning Authority Dindigul 4.The Executive Officer Nilakottai Town Panchayat Dindigul District 5.M.Durai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to demolish the unauthorized construction in the first floor in Door Nos.6-2-50 C2, C3, C4, C5 and C6, 2nd floor and 3rd floor (temporary steel shed) in Madurai-Periyakulam Kodaikanal Main Road, Nilakottai, Dindigul District. For Petitioner :

Mr.M.P.Senthil For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 4 to demolish the unauthorized construction of first floor in Door Nos.6-2-50 C2, C3, C4, C5 and C6, 2nd floor and 3rd floor (temporary steel shed) in MaduraiPeriyakulam Kodaikanal Main Road, Nilakottai, Dindigul District.

2. According to the petitioner, the fifth respondent, without obtaining any permission from the authority concerned, has constructed first

floor, second floor and third floor unauthorizedly in the subject land. Further, a civil suit is pending between the parties relating to the common pathway in respect of the subject property. Seeking to take action against the said unauthorized construction, the petitioner made a representation dated 22.11.2018 to the respondents 1 to 4. However, no action was taken based on the petitioner's representation. Hence, this writ petition.

3. Learned Government Advocate appearing for the respondents 1 to 4, on instructions, submits that the fifth respondent has not obtained permission from the authority concerned for construction of first floor, second floor and third floor in the subject land and to that effect, he has also produced a copy of the communication dated 20.03.2024 received from the Deputy Director, Town and Country Planning, Dindigul, before this Court.

3. In view of the above submission of the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 4, we direct the fourth respondent to consider the petitioner's representation dated 22.11.2018 and pass orders on its own merits and in accordance with, after providing due opportunity to the petitioner as well as the fifth respondent

as the fifth respondent has not been served with notice in this writ petition. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that the above direction is only in respect of the unauthorized construction of first floor, second floor and third floor in the subject land alone. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 25.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Chairman Town and Country Planning 807, Anna Salai Chennai-600 002 2.The Assistant Director, Town and Country Planning, 4, Hakkim Ajmalkhan Road, Chinnachockikulam, Madurai-625 002.

3.The Member Secretary, Local Planning Authority, Dindigul.

4.The Executive Officer, Nilakottai Town Panchayat, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.5208 of 2019 25.03.2024