R.Karmegam, S/O. Ramachandran v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.16406 of 2016 R.KARMEGAM S/O. RAMACHANDRAN, NO.14 VOC STREET, ARUL NAGAR, BYE PASS ROAD, MADURAI-14.
.. Petitioner Vs.
1 THE COMMISSIONER MADURAI CORPORATION, ARINGER ANNA MALIGAI, ALAGAR KOVIL RD, MADURAI-02.
2 THE MEMBER SECRETARY, TOWN PLANNING AUTHORITY, MADURAI CORP.
ARINGER ANNA MALIGAI, ALAGAR KOVIL RD, MADURAI-02.
3 ARUMUGAM, ASSISTANT ENGINEER, TOWN PLANNING AUTHORITY MADURAI CORP. ARINGER ANNA MALIGAI ALAGAR KOVIL RD MADURAI-02.
4 V.MUTHUKRISHNAN S/O. M. VENKATACHALA REDDIYAR DOOR NO. 24 NAVALAR NAGAR 1ST ST S.S. COLONY MADURAI-10. 5 M.RENGANAYAGI W/O. V.MUTHUKRISHNAN DOOR NO. 24 NAVALAR NAGAR 1ST ST S.S. COLONY MADURAI-10. 6 M.HARIHARASUDAN S/O. V.MUTHUKRISHNAN DOOR NO. 24 NAVALAR NAGAR 1ST ST S.S. COLONY MADURAI-10. 7 M.VENKATESWARAN S/O.V.V.MUTHUKRISHNAN DOOR NO. 24 NAVALAR NAGAR 1ST ST S.S. COLONY MADURAI-10. 8 R. NALLAMANI S/O. RAMANCHANDRAN DOOR NO. 95/8.
NORTH STREET PALANGANATHAM MADURAI-03.
.. Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to directing the respondents 1 to 3 taking into the account of their information dated 20.05.2016 vide Mathi 4/26992/15 will be strictly enforced to forthwith demolish any construction made in violation or deviation of the planning permission and also the development control rules and the relevant building rules and regulations and the respondents 1 to 3 forth with Demolish these construction with aid of Police.
For Petitioner : Mr.V.Vinayagamoorthy For Respondents: Mr.T.S.Mohammed Mohideen for R1 Addl. Government Pleader Mr.M.Govindan for R2 Spl. Government Pleader Mr.M.Ajmal Khan Senior counsel for Mr.M.S.Sureshkumar for R4 to R7 Mr.R.Ramasamy for R8
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this writ petition seeking a direction to the respondents 1 to 3 to enforce the earlier proceedings of the 1st respondent in Mathi 4/26692/15 dated 20.05.2016, wherein, the Commissioner has directed the respondents 4 to 7 to remove the construction already made, which according to the petitioner has been constructed in deviation of the building plan approval.
2. We have heard the learned counsel for the petitioner, the learned Additional and Special Government Pleaders for the respondents 1 and 2, the learned senior counsel appearing for the respondents 4 to 7 and the learned counsel for the 8th respondent.
3. It is brought to our notice that the respondents 4 to 7 have submitted revised plan for approval in respect of the building, which they have been already constructed on the said premises and the said revised plan is pending for the approval of the Madurai Corporation.
4. The learned counsel for the Town Planning Authority submitted that the said authority would pass an order, after affording sufficient opportunity to the respondents 4 to 7, within a period of three months from the date of receipt of a copy of this order.The said submission is recorded.
5. In this writ petition, since the dispute is as to whether the respondents 4 to 7 have made any construction in violation of the approved plan, we deem it appropriate to issue a
direction to the Town Planning Authority to consider the revised plan submitted by the respondents 4 to 7. We also deem it appropriate to direct the official respondents to keep the impugned notice in abeyance till final order is passed by the Town Planning Authority.
6. In the result, the writ petition is disposed of directing the 2nd respondent to consider the revised plan submitted by the respondents 4 to 7 and pass final orders, after affording sufficient opportunity to the respondents 4 to 7, within a period of three months from the date of receipt of a copy of this order. It is further directed that until such final order is passed, the impugned notice shall be kept in abeyance. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/ Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To 1 THE COMMISSIONER, MADURAI CORPORATION, ARINGER ANNA MALIGAI, ALAGAR KOVIL RD MADURAI-02.
2 THE MEMBER SECRETARY, TOWN PLANNING AUTHORITY, MADURAI CORP.
ARINGER ANNA MALIGAI, ALAGAR KOVIL RD, MADURAI-02. +1CC TO M/S.V.VINAYAGAMOORTHY, ADVOCATE, IN SR NO.67200. +1CC TO M/S.S.MANOHARAN, ADVOCATE, IN SR NO.67271. +1CC TO M/S.T.S.MOHAMED MOHIDEEN, ADVOCATE, IN SR NO.67408. +1CC TO SPECIAL GOVERNMENT PLEADER IN SR.NO.67918. ORDER MADE IN W.P(MD)No.16406 of 2016 and W.M.P.Nos.11987 and 11988 of 2016 09.11.2016 rr msm/ss3/sar1/15.11.16/p3/7c