Selwyn, v. The Deputy Director Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.19625 of 2014 and M.P(MD) Nos.1 and 2 of 2014 Selwyn ..... Petitioner - Vs1. The Deputy Director of Town and Country Planning (I/c) Tirunelveli Region, 108, Trivandrum Road, Palayamkottai, Tirunelveli - 627 002.

2. The Executive Officer, Thisayanvilai Town Panchayat, Tirunelveli District.

3. J.Maria Anthony

4. Bellarmin Jacob ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents 1 and 2 to pass an order of demolition of the unapproved and unauthorised construction of Commercial complex which is being constructed at Door No.578/4, Udangudi Road, Thisayanvilai, Tirunelveli 1/6

District by the respondents 3 and 4 on the basis of the petitioner representation, dated 14.11.2014.

For Petitioner : Mr.P.Gunasekaran For Respondents : Mr.M.Prakash Additional Government Pleader For - R-1 : Mr.R.Anand For R-2 : Mr.C.Dhanaseelan For R3 and R-4

ORDER

The present Writ Petition has been filed seeking for a Writ of Mandamus, directing the respondents 1 and 2 to pass an order of demolition of the unapproved and unauthorised construction of Commercial complex which is being constructed at Door No.578/4, Udangudi Road, Thisayanvilai, Tirunelveli District by the respondents 3 and 4, on the basis of the petitioner's representation, dated 14.11.2014.

2. The learned counsel for the petitioner would submit that the respondents 3 and 4 have constructed the commercial building in violation 2/6

of the planning permission granted to them. He would contend that the respondents 3 and 4 were accorded permission only to construct ground floor and first floor, but, however, proceeded to construct the second floor. Therefore, he made a representation to the second respondent to take appropriate action. Since no action has been taken, he had approached this Court seeking for the aforesaid prayer.

3. The first respondent had filed counter affidavit contending that the second respondent granted planning permission in contravention to the Rules.

4. Be that as it may, the petitioner had made a representation to the second respondent to take appropriate action against the construction made by the respondents 3 and 4 which has not been considered till date. Hence, the petitioner is directed to make a fresh representation to the first respondent who is the Local Planning Authority. On receipt of such representation, the first respondent shall pass orders on merits and in accordance with law. However, before passing order, the first respondent shall afford an opportunity to all the parties concerned including the owner 3/6

of the building, namely, the respondents 3 and 4 herein. Such exercise shall be carried on within a period of eight (8) weeks thereafter.

5. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

24.01.2023 NCC: Yes / No (1/2) Index :

Yes / No Internet :

Yes / No ebsi 4/6

To

1. The Deputy Director of Town and Country Planning (I/c) Tirunelveli Region, 108, Trivandrum Road, Palayamkottai, Tirunelveli - 627 002.

2. The Executive Officer, Thisayanvilai Town Panchayat, Tirunelveli District.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 19625 of 2014 24.01.2023 (1/2) 6/6