S. Sarvagan Prabhu, v. The Assistant Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Sarvagan Prabhu ... Petitioner -vs1.The Assistant Director Dindigul Local Planning Authority Tamilnadu Town and Country Planning Department No.5, Thiruvalluvar Salai 7th Cross, Spencer Compound Dindigul-3 2.The Commissioner Dindigul Corporation Dindigul 3.J.Gomathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to remove the illegal and unauthorized building constructed by the third respondent in the land in

Survey Nos.171/4A & 171/4B, Ward No.6, Race Course Extension Scheme Part I, Balakrishnapuram, Dindigul and the road, on the basis of the communication of the first respondent in Na.Ka.No.172/2012/TLPA dated 08.08.2012, within the time stipulated by this Court. For Petitioner :

Mr.D.Kirubakaran For Respondents :

Mr.N.GA.Natraj Government Advocate for R1 Mr.J.Lawrance Standing Counsel for R2 No appearance for R3

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 to remove the illegal and unauthorized construction made by the third respondent in the land in Survey Nos.171/4A & 171/4B, Ward No.6, Race Course Extension Scheme Part I, Balakrishnapuram, Dindigul and on the road, on the basis of the communication of the first respondent in Na.Ka.No.172/2012/TLPA dated 08.08.2012, within the time stipulated by this Court.

2.

Learned Standing Counsel appearing for the second respondent, on instructions, submitted that based on the representation given by the petitioner, the respondent - Corporation will conduct a survey in the subject land in the presence of the petitioner as well as the third respondent and on inspection, if any violation of the building rules or any unauthorized construction is found, necessary action will be taken in accordance with law.

3. Recording the above submission of the learned Standing Counsel appearing for the respondent - Corporation, we direct the second respondent / Commissioner, Dindigul Corporation, Dindigul, to issue a notice to the petitioner as well as the third respondent for conduct of survey in the subject land and on survey, if any violation of the building rules or any unauthorized construction is found, necessary action shall be taken in accordance with law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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

[D.K.K., J.] [R.V., J.] 02.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Assistant Director, Dindigul Local Planning Authority, Tamilnadu Town and Country Planning Department, No.5, Thiruvalluvar Salai, 7th Cross, Spencer Compound, Dindigul-3.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 02.01.2024