Kumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.19762 and 19763 of 2024 1.Kumar 2.Anbarasan ... Petitioners -vs1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Commissioner of the Municipality, Srivilliputhur Municipality, Srivilliputhur Taluk, 4.The Deputy Director, Town and Country Planning Office, 5.Executive Engineer, TANGEDCO, Office of the Executive Engineer, TANGEDCO, Near K.K.S.S.N Theatre, Virudhunagar.
6.Roach @ Ravichandran, S/o. Late. Antony, D.No: 87, Santhaipettai Street,
...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 to 5 to take appropriate action to demolish an unauthorized construction made by the 6th respondent in S.No.607 & 608 of Santhaipettai Street, Srivilliputhur Town within a time frame as fixed by this Court.
For Petitioner :
Mr.S.Ponsaravanan For R-1, R-4 & R-5 :
Mr.S.P.Maharajan, Special Government Pleader For R-2 :
Mr.Vaikkam Karunanithi, Government Advocate (Criminal side) For R-3 :
Mr.P.Srinivas
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.] By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2. Mr.P.Srinivas, learned counsel appearing for 3rd respondent, would submit that the claim of the petitioner that the construction is being put up without any planning permission, is correct. He would also state that the application for planning permission was returned and the resubmitted application was also rejected since there was no setback.
3. Hence, the writ petition is disposed of with the direction to the 3rd respondent Commissioner, Srivilliputhur municipality to take appropriate action
under the relevant law for removal of the unauthorized construction. The necessary action shall be taken within a period of eight (8) weeks from the date of receipt of a copy of this order, failing which, the petitioner will be entitled to seek reopening of the writ petition. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 01.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Commissioner of the Municipality, Srivilliputhur Municipality, Srivilliputhur Taluk, 4.The Deputy Director, Town and Country Planning Office, 5.Executive Engineer, TANGEDCO, Office of the Executive Engineer, TANGEDCO, Near K.K.S.S.N Theatre, Virudhunagar.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
Sml 01.10.2024