P.Selvam, v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13599 of 2017 and W.M.P(MD)No.10628 of 2017 P.Selvam ... Petitioner vs.

1. The Member Secretary, Local Planning Authority, Town and Country Planning Office, Near Sorna Meena Theater, Tiruchirappalli-620 001.

2. The Commissioner, Municipal Corporation.

3. The Assistant Commissioner, Ponmalai Zone, Municipal Corporation.

4.Zeenath Begam.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take expeditious and effective action to restrain the fourth respondent from proceeding with the unauthorized constructions and to demolish the unauthorized and unlawful constructions put up by the fourth respondent in Door No.32, Kallar Street, Subramaiapuram, Tiruchirappalli City Municipal Corporation limit as per the provisions of Tiruchirappalli City Municipal Corporation Act, 1994 and as per the provisions of seeking 56 and 57 of the TamilNadu Towns and Country Planning Act and in the interregnum to restrain the fourth respondent from proceeding with her illegal constructions at Door No.32, Kallar Street, Subramaiapuram, Tiruchirappalli City Municipal Corporation limit.

For Petitioner : Ms.J.Maria Roseline For R1 : Mr.T.S.Mohamed Mohideen, AGP For R2 and R3 : Mr.N.S.Karthikeyan, AGP For R4 : C.M.Arumugam

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) This writ petition has been filed for directing the respondents 1 to 3 to restrain the fourth respondent herein from proceeding with the unauthorized constructions and to demolish the unauthorized constructions put up by the fourth respondent in Door No.32, Kallar Street, Subramaniapuram, Tiurchirappalli. The writ petitioner also wants the authorities to initiate lock and seal measures. The writ petitioner has given a representation in this regard.

2.This Court directs the third respondent to take action on the writ petitioner's representation dated 28.03.2017, in accordance with law. If the third respondent finds that the fourth respondent herein has put up any unauthorized constitution, he shall take action for causing their removal. 3.It is needless to state that notice shall be issued to the fourth respondent and that statutory procedures shall be followed. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 4.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The Member Secretary, Local Planning Authority, Town and Country Planning Office, Near Sorna Meena Theater, Tiruchirappalli-620 001.

2. The Commissioner,

Municipal Corporation.

3. The Assistant Commissioner, Ponmalai Zone, Municipal Corporation.

+ 1 CC TO MR.N.S.Karthikeyan , ADVOCATE IN SR No. 71879 + 1 CC TO MR.J.Maria Roseline, ADVOCATE IN SR No. 71578 + 1 CC TO MR.C.M.Arumugam, ADVOCATE IN SR No. 71532 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 72316 das/gsp MK/JC/SAR-1/07.09.2017/3P/8C W.P(MD)No.13599 of 2017 09.08.2017