Madras High Court
V.Anbu Subramaniam vs The Director Town And Country Planning on 21 August, 2017
Bench: K.K.Sasidharan, G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.23819 of 2016 and W.P(MD)Nos.8287, 8758 & 10858 of 2017 and W.M.P(MD)No.17160 of 2016 V.Anbu Subramaniam .. Petitioner Vs. 1.The Director Town and Country Planning, 807, Annasalai, Chennai-2. 2.The District Collector/President, Thoothukudi Local Planning Authority, Thoothukudi. 3.Assistant Director/Member Secretary, Thoothukudi Local Planning Authority, 51, Mela Rethavethi Thoothukudi 628 001. 4.The Deputy Director, Town and Country Planning, 108, Tiruvandram Road, Palayamkottai, Tirunelveli-2. 5.Nallamuthu .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take appropriate action on the basis of the representation given by the petitioner dated 17.10.2016 and may remove the unauthorized construction namely Shri Thallavai Nallamadasamy Thirumanamandam Ramanujamputhur, Serakulam Village, Srivaikundam Taluk, Thoothukudi District at the Government poramboke in Survey 1954/2 of Serakulam village. !For petitioner : Mr.K.P.Narayanakumar ^For R1 to R4 : Mr.M.Govindan Special Government Pleader For R5 : Mr.H.Arumugam :ORDER
[Order of the Court was made by G.R.SWAMINATHAN, J.] Both the writ petitions in effect seek removal of the construction put up in Survey No.1954/2, Serakulam village, Srivaikundam Taluk, Thoothukudi District in the form of Shri Thallavai Nallamadasamy Thirumanamandam Ramanujamputhur, Serakulam Village.
2.Heard the learned counsel appearing for the writ petitioner in W.P.(MD).NO.23819 of 2016 and H.Arumugam, learned counsel appearing for the contesting parties.
3.It is seen that the said Kalyana Mandapam was put up after obtaining approval from the Karunkulam Panchayat Union, Thoothukudi District. It is also seen that when the local Planning Authority took action as per the proceeding dated 20.04.2017, the Division Bench of this Court quashed the same by order dated 09.05.2017 in W.P(MD).NO.1931 of 2017. When the matter was taken up today for hearing, Mr.H.Arumugam, the learned counsel for the respondents 10 and 11 in W.P(MD).No.10858 of 2017 submitted that they have moved the local Planning Authority with a revised plan. It is for the local planning Authority, Thoothukudi to consider the revised plan submitted for regularising the deviations that to have been committed while putting up the said kalyana Mandapam. Based on the decision that has to be taken by the local Planning Authority, further action can be taken in the matter in accordance with law. When the revised plan had been submitted for regularising the deviation, this Court would not be justified in issuing a direction for demolition.
4.In this view of the matter it is not possible to grant the relief as prayed for by the writ petitioners herein. However, the third respondent herein is directed to pass orders on the writ petitioners representation dated 27.02.2017 in accordance with law. It is also seen that the writ petitioner in W.P(MD).NO.23819 of 2016 has also given a representation dated 17.10.2016. Since the revised plan has also been submitted to the third respondent, they can all be considered together. The third respondent is directed to complete the said exercise within three months from the date of receipt of a copy of this order.
5.This writ petition is accordingly disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
To
1.The Director Town and Country Planning, 807, Annasalai, Chennai-2.
2.The District Collector/President, Thoothukudi Local Planning Authority, Thoothukudi.
3.Assistant Director/Member Secretary, Thoothukudi Local Planning Authority, 51, Mela Rethavethi Thoothukudi 628 001.
4.The Deputy Director, Town and Country Planning, 108, Tiruvandram Road, Palayamkottai, Tirunelveli-2.
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