Muthu Erulan v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/360/2024 Muthu Erulan Vs The Andaman and Nicobar Administration and others Mr. Arul Prasanth ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 01, 2024 [SR] Item No.15 The petitioner says that the private respondents are making illegal construction next to his property. In fact, the petitioner had approached the municipal authorities earlier complaining of the illegal construction by the private respondents. The authorities had issued stay order against the private respondent on May 10, 2024. Flouting such order, the private respondents are again making unlawful construction. The petitioner says that he approached the concerned Police Station on June 02, 2024 by making a written complaint. He also approached the Executive Engineer (Planning), Port Blair Municipal Council, by making a written representation dated June 06, 2024. No action has been taken either by the Police or by the municipal authorities.

I dispose of this writ petition directing the Port Blair Municipal Authorities to conduct local inspection of the property in question. If the municipal authorities find that

unlawful construction is being made by the private respondents, due action in accordance with law shall be taken by the municipal authorities. After all, no unlawful construction can be allowed to stand. However, before any action is taken against the impugned construction or against the private respondents, an opportunity of hearing shall be granted by the municipal authority to the private respondents as well as the writ petitioner herein. Let the exercise be concluded by the authorities within two weeks from the date of communication of this order.

Since I have not called for affidavits, the allegations in the writ petition are deemed not to be admitted by the respondents. WPA/360/2024 is disposed of accordingly.

(Arijit Banerjee J.)