Madras High Court
V.Ravindran vs The District Collector on 1 August, 2019
Bench: Vijaya K.Tahilramani, M.Duraiswamy
W.P.No.6600 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.6600 of 2019
V.Ravindran .. Petitioner
Vs
1 The District Collector
Kancheepuram
Kancheepuram District.
2 The Thasildar
Taluk Office
Tambaram
Chennai – 45.
3 The Executive Officer
Peerkankaranai Town Panchayat
Peerkankarani
Chennai – 63.
4 Baskar Murugasamy
Sole Proprietor of V4U Homes
having office at No.76
Velachery Main Road
1st Floor, Mahalakshmi Nagar
Chennai – 73. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of
a writ of mandamus directing respondents 1 to 3 to remove the illegal
construction made in the ground floor (stilt portion) and also in the terrace
common place such as bath room and a portion put up by the 4th respondent by
way of unauthorized construction at Peerkankaranai Village, Tambaram Taluk,
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W.P.No.6600 of 2019
Kancheepuram District comprised in Survey No.173/1, 2, 3, 4(part), Samrajaya
Nagar, bearing Plot No.88, measuring an extent of 2746 sq.ft. and remove the
illegal structure put up by the 4th respondent without any proper approval.
For Petitioner : Mr.T.Ramachandran
For Respondents : Mr.V.Jayaprakash Narayanan
Government Pleader (i/c.)
for respondents 1 to 3
Mr.Giridhar
for 4th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.T.Ramachandran, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) appearing for respondents 1 to 3 and Mr.Giridhar, learned counsel for the fourth respondent.
2. The prayer of the petitioner is that directions be issued to respondents 1 to 3 to remove the illegal construction made by the fourth respondent in the ground floor (stilt portion) and also in the terrace and other areas at Peerkankaranai Village, Tambaram Taluk, Kancheepuram District comprised in Survey No.173/1, 2, 3, 4(part), Samrajaya Nagar, bearing Plot No.88, measuring an extent of 2746 sq.ft.
3. The learned Government Pleader (i/c.) has drawn our attention to the _________ Page 2 of 5 http://www.judis.nic.in W.P.No.6600 of 2019 counter affidavit of the third respondent, i.e., the Executive Officer, Peerkankaranai Town Panchayat, Chennai, wherein it is stated that in relation to the construction put up by the fourth respondent, they have issued a notice dated 3.4.2019 directing the fourth respondent to remove the portions which are in violation of the planning permission, failing which action will be taken by them to remove the same. The learned Government Pleader (i/c.), thereafter, handed over a notice dated 4.7.2019 issued by the third respondent. The said notice is issued to the fourth respondent and it is a Demolition Notice issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971.
4. Thus, it is seen that the authorities are taking action in relation to the unauthorized construction put up by the fourth respondent.
In view of the above, no further orders are required in this petition and the same is disposed of accordingly. However, it is made clear that it is always open to the fourth respondent to file an appeal against the said demolition notice in accordance with law. No costs.
(V.K.T., CJ.) (M.D., J.)
01.08.2019
Index : No
sasi
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W.P.No.6600 of 2019
To:
1 The District Collector
Kancheepuram
Kancheepuram District.
2 The Thasildar
Taluk Office
Tambaram
Chennai – 45.
3 The Executive Officer
Peerkankaranai Town Panchayat
Peerkankarani
Chennai – 63.
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W.P.No.6600 of 2019
THE HON'BLE CHIEF JUSTICE
AND
M.DURAISWAMY,J.
(sasi)
W.P.No.6600 of 2019
01.08.2019
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