Johnson. S v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Johnson ... Petitioner Vs.

1.The Government of Tamilnadu Rep. by its Principal Secretary, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

3.The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.

4.The Assistant Director of Town and Country Planning/Member Secretary, Thanjavur Local Planning Authority, Thanjavur.

5.Thanjavur Municipal Corporation, Rep. by its Commissioner, Thanjavur.

6.P.Kumaravadivel ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 to 5 to take action against the illegal and unauthorized construction put up by the sixth respondent in the name of Sathya Mahal in T.S.No.75/2, Ward No.4, Block No.3, North Street, Thanjavur Town violating the provisions of Tamilnadu Town and Country Planning Act, 1971 and Rules thereunder.

For Petitioner : Mr.P.Vinoth For Respondents : Mr.P.Thilak Kumar - for R1 to R4 Government Pleader Mr.N.Dilip Kumar - for R5 Standing Counsel Mr.Shankar Murali - for R6

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.P.Vinoth, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for respondents 1 to 4, Mr.N.Dilip Kumar, learned Standing Counsel appearing for the fifth respondent and Mr.Shankar Murali, learned counsel appearing for the sixth respondent.

2. The learned Standing Counsel for respondent No.5, on instructions, submits that the first notice was given to respondent No.6 on 05.01.2023. Thereafter, inspection notice was given on 03.03.2023 and the final notice was given on 23.08.2023 for the

violations. The permission was granted for residential purpose and commercial complex has been put up by respondent No.6.

3. The learned Standing Counsel for respondent No.5 submits that the respondent Corporation would proceed further under the Town and Country Planing Act, expeditiously.

4. In view of the said statement, Writ Petition stands disposed of. No costs.

[S.V.G., C.J.] [L.V.G., J.] 01.12.2023 Index : Yes / No RM

To 1.The Government of Tamilnadu Rep. by its Principal Secretary, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

3.The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.

4.The Assistant Director of Town and Country Planning/Member Secretary, Thanjavur Local Planning Authority, Thanjavur.

5.Thanjavur Municipal Corporation, Rep. by its Commissioner, Thanjavur.

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

RM 01.12.2023