Madras High Court
Palani Hills Conservation Council vs The State Of Tamil Nadu Rep on 17 December, 2013
Author: R.Sudhakar
Bench: R.Sudhakar, S.Vaidyanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2013 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.6912 of 2008 and M.P.(MD)No.1 of 2013 Palani Hills Conservation Council, Represented by its Secretary, Girija Viraraghavan, Post Box No.34, Kodaikanal, Dindigul District. ... Petitioner Vs 1.The State of Tamil Nadu rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009. 2.Kodaikanal Municipality, represented by its Commissioner, Lake road, Kodaikanal. 3.The District Collector, Dindigul District, Dindigul. 4.Tamil Nadu Pollution Control Board, represented by its District and Environment Engineer, Plot No.42, 9th Street, Thiruvalluvar Salai, Dindigul-624 003. 5.Fern Hill Hotel, represented by its Partner, Tmt.Vasantha Velmurugan, W/o.Dr.S.Velmurugan, Survey No.251C, Part No.9, Fern Hill Road, Kodaikanal. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second and third respondents to demolish the unlawful and unauthorised construction put up by the fifth respondent in R.S.No.52, Part 9, Fern Hill Road, Kodaikanal, pursuant to the confirmation order issued vide Roc. No.2808/2007/F1 dated 30.11.2007 issued by the third respondent. !For Petitioner .. Mr.G.R.Swaminathan ^For Respondents .. Mr.A.K.Baskarapandian, Spl.GP for R1 & R3 Mr.P.Srinivas for R2 Mr.Elaman for R4 Mr.J.Anandkumar for R5 :ORDER
(Order of the Court was made by R.SUDHAKAR, J.) This writ petition has been filed in public interest, stating that the building of Respondent No.5 is an unauthorised construction and therefore it should be demolished.
2.Since we have, in the connected writ petition in W.P.(MD)No.13321 of 2013, directed the first respondent-State to dispose of the review petition filed by the fifth respondent herein, we find no reason why we should issue any mandamus at this stage in the present writ petition, except to direct the petitioner herein to go before the Government and implead herself, if required in the review petition and raise all objections that have been raised before this Court in the present writ petition. The fifth respondent is at liberty to move the Government for appropriate orders to run the hotel, and the Government shall also consider the same along with the review petition.
3.The writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.
KM To
1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.
2.The Commissioner, Kodaikanal Municipality, Lake road, Kodaikanal.
3.The District Collector, Dindigul District, Dindigul.
4.The District and Environment Engineer, Tamil Nadu Pollution Control Board, Plot No.42, 9th Street, Thiruvalluvar Salai, Dindigul-624 003.