A. Raja, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.17707 of 2014 A.Raja ..... Petitioner - Vs1. The Commissioner, Trichy Corporation, Trichy.

2. The Assistant Commissioner, Srirangam Division, Trichy Corporation, Trichy.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent herein to enquire into the construction of the Commercial Complex constructed at Door No.7-A, comprised 960 sq ft, Municipal Old Ward No.6, Old Block No.8, Old T.S.No.997, New Ward No. G, New Block No.7, New T.S.No.43 Part, Alliammal Street, Trichy without any approval from the respondent Corporation on the basis of petitioner's representation dated 10.06.2014 sent through registered post within the time stipulated by this Court.

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For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.K.R.Kishore Ram For R.B. Associates

ORDER

This writ petition has been filed seeking for a Writ of Mandamus, directing the second respondent herein to enquire into the construction of the Commercial Complex constructed at Door No.7-A, comprised 960 sq ft, Municipal Old Ward No.6, Old Block No.8, Old T.S.No.997, New Ward No. G, New Block No.7, New T.S.No.43 Part, Alliammal Street, Trichy, as the same has been constructed without any proper approval from the respondent Corporation on the basis of petitioner's representation, dated 10.06.2014 sent through registered post within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner had relied upon the communication sent by the second respondent to the petitioner, wherein, it had been intimated that appropriate action under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, have been initiated as against the unauthorized constructions. He would further submit that, since no action has been initiated by the second respondent against the unauthorized 2/5

constructions after issuance of the said communication, dated 17.06.2013, he had approached this Court by filing this writ petition.

3. Considering the communication of the second respondent dated 17.06.2013, wherein, he had categorically indicated that action has been initiated under Sections 49, 56 and 57 of the Tamil Nadu Town and Country Planning Act. There shall be a direction to the second respondent to further proceed with the notices issued under the provisions of Tamil Nadu Town and Country Planning Act as against the unauthorized constructions.

4. The above said direction to conclude the proceedings initiated against the unauthorized constructions as indicated in the communication dated 17.06.2013 shall be made within a period of twelve (12) weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 01.03.2023 NCC: Yes / No Index :

Yes / No Internet :

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To

1. The Commissioner, Trichy Corporation, Trichy.

2. The Assistant Commissioner, Srirangam Division, Trichy Corporation, Trichy.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 17707 of 2014 01.03.2023 5/5