Krishnamoorthy G v. The Deputy Director of Town and Country Planning

ORDER [Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.T.Lenin Kumar, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader for the first respondent, Mr.R.Baskaran, learned Additional Government Pleader for respondents 2 and 3 and Mr.R.J.Karthick, learned counsel for respondents 4 and 5.

¶2The petitioner alleges unauthorized construction on behalf of respondents 4 and 5.

¶3Counter affidavit is filed by the third respondent stating that construction of respondents 4 and 5 is not unauthorized and that is under the permission. Necessary building permission has been approved in favour of respondents 4 and 5. However, there was some deviation made in the fifth respondent's building and consequently, notice under Section 282(1) & (2) of the Coimbatore City Municipal Corporation Act, was issued, so also, proceedings were initiated under Section 447 of the Act.

¶4The Additional Government Pleader appearing for the third respondent would submit that if there is any deviation, action would be taken by the Corporation in accordance with law expeditiously.

¶5In light of that, the writ petition stands is disposed of. No Costs. Connected Miscellaneous Petition is closed.

(S.V.G., CJ.) (P.V.M., J.)

28.08.2023 NCC :Yes/No Index :Yes/No PM To:

1.The Deputy Director of Town and Country Planning, Tiruchy Region, Kajamalai Main Road, Kajamalai, Tiruchirappalli – 620023.

2.The Commissioner, Tiruchirapalli City Municipal Corporation, No.58, Bharathidasan Salai, Contonment, Tiruchirappalli – 620001.

3.The Assistant Commissioner, Ariyamangalam Zone, Tiruchirapalli City Municipal Corporation, 18, Palakkarai Main Road, Palakkarai, Tiruchirappalli – 620001. W.P(MD)No.16133oofo2021 THEoHON'BLEoCHIEFoJUSTICE ando P.VADAMALAI,oJ. PM W.P.(MD)No.16133oofo2021

28.08.2023 Pageg5gofg5

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023 CORAM : THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE P.VADAMALAI and W.M.P(MD)No.12994 of 2021 G.Krishnamoorty ... Petitioner Vs. 1.The Deputy Director of Town and Country Planning, Tiruchy Region, Kajamalai Main Road, Kajamalai, Tiruchirappalli – 620023. 2.The Commissioner, Tiruchirapalli City Municipal Corporation, No.58, Bharathidasan Salai, Contonment, Tiruchirappalli – 620001. 3.The Assistant Commissioner, Ariyamangalam Zone, Tiruchirapalli City Municipal Corporation, 18, Palakkarai Main Road, Palakkarai, Tiruchirappalli – 620001. 4.Mrs.P.G.Ammani 5.Mr.P.G.Prince .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation, dated 15.07.2021 and to inspect the disputed construction carrying on by the respondents 4 & 5 at Door No.1A, Saveriyar Kovil Street, Palakkarai, T.S.No.83, Block No.12, Ward No.20, Tiruchirapalli Municipal Corporation and to stop the unauthorised construction as per the existing provision under Section 56 and 57 of Tamil Nadu Town and Country Planning Act, 1971. For Petitioner : Mr.T.Lenin Kumar For R-1 : Mr.P.Thilak Kumar, Government Pleader For R-2 & R-3 : Mr.R.Baskaran, Additional Government Pleader For R-4 & R-5 : Mr.R.J.Karthick