Jc Abode Flats Owners v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Eighth day of February Two Thousand and Nineteen The Hon'ble Mr Justice K.KALYANASUNDARAM AND The Hon'ble Mrs.Justice R.THARANI WP(MD). Nos.25246 of 2018 and 3424 of 2019 WP(MD). No.25246 of 2018 JC ABODE FLATS OWNERS ASSOCIATION REP. BY ITS SECRETARY G.
KANCHANA W/O. P.GANAPATHY NO.F2 JC ABODE 20 NEW KARUR BYEPASS ROAD ANNAMALAI NAGAR TRICHY-18.
... Petitioner Vs 1 THE COMMISSIONER, TOWN & COUNTRY PLANNING CHENNAI.
2 THE DISTRICT COLLECTOR/ CHAIRMAN TOWN & COUNTRY PLANNING TRICHY.
3 THE COMMISSIONER, TRICHY CITY CORPORATION TRICHY.
4 THE ASSISTANT DIRECTOR/ MEMBER SECRETARY LOCAL PLANNING AUTHORITY NO.11 KAJAMALAI MAIN ROAD THAMARAI NAGAR TRICHY-23.
5 JOHN CONSTRUCTION REP. BY THE MANAGING DIRECTOR MR. FRANCIS DAVID JOHN S/O.DAVID JOHN NO.96 ROYAR THOPE TRICHY 6 AMALORPAVOR MARRY ... Respondents Prayer :- Writ Petition is filed under Article 226 of Constitution of India, praying this Hon'ble Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action for the unauthorized construction constructed by the 5th and 6th respondent in violation of the original planning permission granted in proceedings Na.Ka.No.1815/2004 TLPA-2 dated 30.05.2005 at Chinthamani Village, Block 20, Ward (B), Koabisegapuram region, Tiruchirappalli Corporation, of the 4th respondent and restore the open space
reservation, Car Parking. Side set back and pathways as per the original planning permission based on the representation of the petitioner association dated 12.10.2018.
WP(MD). No.3424 of 2019 JOHN CONSTRUCTION PRIVATE LTD REP. BY THE DIRECTOR NO.96 ROYAR THOPPU SRIRENGAM TRICHY-620 006.
... Petitioner Vs 1 THE COMMISSIONER, TRICHY CORPORATION TRICHY.
2 THE ASSISTANT COMMISSIONER, K.ABISHEKAPURAM DIVISION TRICHY CORPORATION TRICHY.
3 THE ASSISTANT COMMISSIONER, TOWN AND COUNTRY PLANNING TRICHY CORPORATION BUILDING TRICHY ... Respondents Prayer :- Writ Petition is filed under Article 226 of Constitution of India, praying this Hon'ble Court to issue a writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned order Na.Ka.No.F1/15220/18/20, dated 28.01.2019, issued by this 2nd respondent Quash the same as illegal and void and thereby directing these respondents to act as per the Trichy Corporation Act and other Relevant Act to array any deviation of the original plan. ORDER:- Writ Petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.B.PRASANNA VINOTH, Advocate for the Petitioner (in WP(MD).No.25246 of 2018), Mr. F.X.
EUGENE, Advocate for the Petitioner (in WP(MD).No.3424 of 2019 and for RR5 and 6) in WP NO.25248/18 and of Mr. M.PANDIARAJAN, AGP FOR RR1 AND 2 (in WP(MD).No.25246 of 2018 and R3 in WP(MD).No.3424 of 2019) and Mr.SAJI BINO FOR R3 (in WP(MD).No.25246 of 2018 and RR1 and 2 in WP (MD).No.3424 of 2019), this Court made the following order: The Advocate Commissioners have filed report along with plan. Considering the nature of work executed by the Advocate Commissioners, respondents 5 and 6 shall pay additional remuneration of Rs.15,000/-(Rupees Fifteen Thousand Only) each to the Advocate Commissioners.
Post the matter next week Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar TO 1 Ms.D.RUKMANI, ADVOCATE (ENTROLLMENT No.3357/2015), No. 80, LAW CHAMBERS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MOBILE No.9442255322.
2 Ms.J.LAKSHMI PRASANNA, ADVOCATE, (ENTROLLMENT No.2313 of 2011), No.25, LAW CHAMBERS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MOBILE No.9943149499.
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 28/02/2019 HEARING DATE : 07/03/2019
ORDER
WP(MD). No.25246 of 2018 and 3424 of 2019 Giving direction and etc.
as stated within.
SP/06.03.2019/ 3P/4C