Thillai Chidambaram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2024

CORAM:

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN Thillai Chidambaram ... Petitioner -vs1.The District Collector Tenkasi District, Tenkasi 2.The Joint Director Urban Development Director Tenkasi, Tenkasi District 3.The Commissioner Tenkasi Municipality Tenkasi (R3 is suo motu amended vide order dated 20.06.2024 in W.P.(MD)No.13208 of 2024 by RMD ACJ and GRSJ) 4.The Secretary / Member (Incarge) Town Planning Approval Controlling Authority Office of the Town Planning Approval Officer Tenkasi 5.The Vasantham Hospital, No.164, Nellai Main Road, Tenkasi, Tenkasi District - 627 805 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 remove the violation made by the fifth respondent Hospital pursuant to the proceedings in Na.Ka.No.46/2024 TDTCP of the fourth respondent within stipulated time fixed by this Court.

For Petitioner :

Mr.M.Anbarasan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4

O R D E R

R.MAHADEVAN , A.C.J.

And G.R.SWAMINATHAN, J.

Heard the learned counsel for the petitioner and learned Government Pleader for the respondents 1 to 4.

2. Issuance of notice to the fifth respondent is dispensed with.

3. The petitioner alleges that the fifth respondent is putting up a Hospital without getting planing permission. He wants the unauthorized construction to be removed.

4. When the matter was taken up for hearing, learned Government Pleader appearing for the respondents 1 to 4 submitted that the fourth respondent had already issued a stop work notice to the fifth respondent. The allegation made by the petitioner appears to be prima facie correct.

5. We, therefore, direct the Commissioner, Tenkasi Municipality, to take action as per law. Notice will be issued to the fifth respondent and final order will be passed within a period of eight weeks from the date of receipt of a copy of this order. It is of course open to the fifth respondent to avail all the remedies provided in the statute.

6. This writ petition is disposed of accordingly. No costs. [R.M.D., A.C.J.] [G.R.S., J.] 20.06.2024 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk / ias

To:

1.The District Collector Tenkasi District Tenkasi 2.The Joint Director Urban Development Director Tenkasi Tenkasi District 3.The Commissioner Tenkasi Municipality Tenkasi 4.The Secretary / Member (Incarge) Town Planning Approval Controlling Authority Office of the Town Planning Approval Officer Tenkasi

R.MAHADEVAN , A.C.J.

and G.R.SWAMINATHAN, J.

krk / ias 20.06.2024 (2/2)