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Madras High Court

M.Joseph Charles Sukumar vs The Commissioner on 20 June, 2022

Author: T.Raja

Bench: T.Raja

                                                                          W.P.No.9088 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 20.06.2022

                                                    CORAM:

                                     THE HONOURABLE MR.JUSTICE T.RAJA
                                                      AND
                           THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                               W.P.No.9088 of 2022

                  M.Joseph Charles Sukumar                           .. Petitioner

                                                       Vs.

                  1. The Commissioner,
                     Directorate of Town and Country Planning,
                     Fourth Floor, No.807,
                     Anna Salai, Chennai - 600 002.

                  2. The District Collector,
                     Collectorate Complex,
                     Chengalpattu District,
                     Chengalpattu.

                  3. The Member Secretary,
                     Mamallapuram Local Planning Authority,
                     Five Rathas' Shopping Complex,
                     Venpurusamsalai,
                     Mamallapuram - 603 104.

                  4. The Superintendent Engineer,
                     TANGEDCO,
                     Chengalpattu District,
                     Chengalpattu.


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                                                                                W.P.No.9088 of 2022

                  5. Sri Raama Builders,
                    Rep. by P.Mariappan Ram Sarvesha,
                    Plot No.87, Kandaswamy Nagar,
                    Palavakkam, Chennai - 41.

                  6. The Block Development Officer,
                     Thiruporur Panchayat Union,
                     Chengalpattu District.

                  7. The President,
                     Muttukadu Panchayat,
                     OMR, Thiruporur,
                     Chengalpattu District.
                     (R6 & R7 impleaded vide order dated
                      07.06.2022 made in WMP No.10153
                      of 2022 in W.P.No.9088/2022).                        .. Respondents

                  Prayer: Writ Petition has been filed under Article 226 of the Constitution of
                  India seeking a Writ of Mandamus, directing the official respondents to
                  consider the petitioner's representations and consequently to direct the
                  respondents 1 to 3 to demolish the illegal construction carried out by the 5th
                  respondent and also to direct the 4th respondent to disconnect the EB
                  connection in the said unauthorized building and also to direct the 1st
                  respondent to initiate disciplinary proceedings against the third respondent
                  in the interest of justice.

                                  For Petitioner        : Mr.Mutharasan
                                                          for M/s.SS.Madhavan Law Associates

                                  For Respondents 1 to 3 : Mr.K.Karthik Jaganathan
                                                           Government Advocate

                                  For Respondent 4      : No appearance


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                                                                                    W.P.No.9088 of 2022

                                  For Respondent 6      : Mr.S.Balamurugan
                                                          Government Advocate

                                  For Respondent 7      : Mrs.Saryamittrai
                                                          Special Government Pleader
                                                       -----

                                                     ORDER

(Order of the Court was made by T.RAJA, J.) Mr.Joseph Charles Sukumar, has filed this petition under Article 226 of the Constitution of India, seeking a direction to the respondents 1 to 3 to demolish the illegal construction carried out by the 5th respondent and also to direct the 4th respondent to disconnect the EB connection in the said unauthorized building and also to direct the 1st respondent to initiate disciplinary proceedings against the third respondent.

2. When the matter was taken up, Mr.K.Karthik Jaganathan, learned Government Advocate appearing for the respondents 1 to 3 brought to our notice the letter dated 16.06.2022, addressed by the President of Muttukadu Panchayat, the seventh respondent herein, to M/s.Sri Rama Builders represented by Mr.P.Mariappan Ram Sarvesa, the fifth respondent herein, calling upon the 5th respondent herein to submit planning permit within a period of one week from the date of receipt of the said letter.

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3. Since notice has been issued calling upon the 5th respondent to produce the planning permit within a weeks time, hoping that the 7th respondent will undertake further action in the manner known to law, this writ petition is disposed of. No costs.

(T.R.J.) (K.B.J.) 20.06.2022 Index: Yes / No kk To

1. The Commissioner, Directorate of Town and Country Planning, Fourth Floor, No.807, Anna Salai, Chennai - 600 002.

2. The District Collector, Collectorate Complex, Chengalpattu District, Chengalpattu.

3. The Member Secretary, Mamallapuram Local Planning Authority, Five Rathas' Shopping Complex, Venpurusamsalai, Mamallapuram - 603 104.

4. The Superintendent Engineer, TANGEDCO, Chengalpattu District, https://www.mhc.tn.gov.in/judis 4/6 W.P.No.9088 of 2022 Chengalpattu.

5. The Block Development Officer, Thiruporur Panchayat Union, Chengalpattu District.

6. The President, Muttukadu Panchayat, OMR, Thiruporur, Chengalpattu District.

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AND K.KUMARESH BABU, J.

kk W.P.No.9088 of 2022 20.06.2022 https://www.mhc.tn.gov.in/judis 6/6