Rajagopal v. The Commissioner

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 Rajagopal ... Petitioner -vs1.The Commissioner Dindigul Corporation Dindigul 2.The Member Secretary Dindigul Local Planning Authority Old No.762, New No.5 Thiruvaluvar Street Spencer Compound Dindigul-624 003 3.The Executive Engineer & Administrative Officer Tamilnadu Housing Board Madurai Housing Unit (Office) Ellis Nagar, Madurai 4.Sathya 5.Rajalakshmi

6.Jeeva 7.Thilagavathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the unauthorized construction (commercial building) put up by the respondents 4 to 7 in the undivided share allotted for common usage for the apartment owners situated at HB-79, 80, 81, 82, 83, 84, R.M.Colony, Dindigul, Dindigul District, based on the representation of the petitioner dated 06.07.2022. For Petitioner :

Mr.S.Sarvagan Prabhu For Respondents :

Mr.J.Lawrance for R1 Mr.T.Amjad Khan Government Advocate for R2 No appearance for R4 & R5 Mr.A.Chandrakumar for R6

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 3 to remove the unauthorized construction (commercial building) put up by the respondents 4 to 7 in the undivided share allotted by the Housing Board for common usage of the owners of the apartment situated at HB-79, 80, 81, 82,

83, 84, R.M.Colony, Dindigul, Dindigul District, based on the representation of the petitioner dated 06.07.2022.

2. According to the petitioner, the respondents 4 to 7 have converted their undivided share of land, which is meant for residential purpose, into commercial purpose and let out the same for rent. Seeking to take necessary action against them, the petitioner made a representation dated 06.07.2022 to the respondents 1 to 3. Since no action was taken based on the petitioner's representation, the present writ petition has been filed.

3. Learned counsel appearing for the sixth respondent, on instructions, submits that there is no construction put up in the subject undivided share of land, as alleged by the petitioner.

4. Learned counsel appearing for the first respondent, on instructions, submits that necessary action will be taken against the respondents 4 to 7 for converting the purpose of the land, which is in fact a residential purpose, into a commercial purpose by putting up a construction in the undivided share allotted to them by the Housing Board.

5. In view of above submission made by the learned counsel for the first respondent, we direct the first respondent to take necessary action for removal of the unauthorized construction made by the respondents 4 to 7 in the subject undivided share of land, after providing due opportunity to the parties concerned, in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

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

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Member Secretary, Dindigul Local Planning Authority, Old No.762, New No.5, Thiruvaluvar Street, Spencer Compound, Dindigul-624 003.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 25.03.2024