Srinivasan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.24669 of 2022 A.Srinivasan ... Petitioner -vs1.The District Collector District Collector Campus, Trichy District.

2.The Director Directorate of Town and Country Planning, No.807 Anna Salai Chennai 600 002.

3.The Member Secretary Trichy Local Town Planning Authority, Kajamalai Tiruchirappalli District 4.The commissioner Tiruchirappalli Corporation Trichy District

5.The Assistant Commissioner K.Abishegapuram Zone, Trichy Corporation 6.V.Mani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondent No.1 to 5 to take action against the illegal and unauthorized construction made by the respondent No.6 in D.No.2-1, SVV Towers at New Karur Bye Pass Road, Near Mega Star Theatre Junction, Tiruchirappalli and consequently to initiate appropriate action against respondent No.6 for making unauthorized construction in light of the communication made by the 3rd respondent to 4th respondent dated 25.04.2022 within the time period stipulated by this Court. For Petitioners :

Ms.G.A.Srijala For Respondents :

Mr.J.Ashok for R1 to R3 Additional Government Pleader Mr.R.Baskaran for R4 and R5 standing counsel

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Ms.G.A.Srijala, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader for the respondents 1 to 3 and the learned standing counsel for the respondents 4 and 5.

2. It is submitted that the respondent No.6 has granted permission only for ground and first floors. The respondent No.6 has constructed upto 4th floor.

3. The learned counsel for the respondent No.6 submitted that in the year 2020, an application has been made for regularisation. The learned standing counsel for the respondent No.4 does not have any instructions about the pendency of any regularisation application.

4. In case, any regularisation application is pending as filed by the petitioner and if the same is pending with the respondents 2 to 5 then, the

competent authority shall take a decision on the application for regularisation, within four months from today. In case, such application is not filed, then the respondent authority can proceed further with the action against the unauthorised construction.

5. The writ petition is disposed of accordingly. However, there is no order as to costs.

[S.V.G., CJ.] [C.K., J.] 29.08.2023 NCC : Yes / No Index : Yes / No RR

To 1.The District Collector District Collector Campus, Trichy District.

2.The Director Directorate of Town and Country Planning, No.807 Anna Salai Chennai 600 002.

3.The Member Secretary Trichy Local Town Planning Authority, Kajamalai Tiruchirappalli District 4.The commissioner Tiruchirappalli Corporation Trichy District 5.The Assistant Commissioner K.Abishegapuram Zone, Trichy Corporation

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.24669 of 2023 29.08.2023