IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5383 of 2017 and W.M.P.No.5713 of 2017 D.Yukesh .. Petitioner Vs.
1 The Secretary to Government Municipal Administration and Water Supply Department Secretariat Fort St. George, Chennai-600 009.
2 The Commissioner Coimbatore Corporation, Coimbatore.
3 The Member Secretary Local Planning Authority Sivananda Colony Coimbatore- 641 012. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the 2nd and 3rd Respondents from proceeding with further or taking distress or coercive action pursuant to their respective notices i.e. (i) Notice of the 2nd Respondent in Ka.Vi. No.0069/ 2016/ MH2E & Ka. A. No.0133/ 2016/ MH2E dated 02.12.2016 and (ii) Notice of the 3rd Respondent in Na.Ka. No.4862/ 2016/ LPA-2 21.12.2016 till such time of the petitioners statutory appeal dated 15.12.2016 made to the 1st Respondent against the 2nd Respondent Notices in Ka.Vi. No.0069/ 2016/ MH2E & Ka.A. NO.0133/ 2016/ MH2E dated 30.09.2016 is disposed of.
For Petitioner : Mr.S.Rajendiran For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 and 3 Mr.J.Sathyanarayanaprasad for 2nd respondent ORDER (Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for respondents 1 and 3. Mr.J.Sathyanarayanaprasad, learned counsel takes notice for the second respondent.
2. Heard the learned counsel for the parties.
3. It is the case of the petitioner that he constructed a residential building after obtaining planning permission from the competent authority. On a complaint made by the neighbor of the petitioner, proceedings were initiated against the petitioner alleging that there are deviations. Against such notice, the petitioner preferred statutory appeal on 15.12.2016 before the Government and the same is pending. Apprehending that the respondents may take coercive action, the present writ petition is filed.
4. Considering the facts and circumstances of the case, we direct the first respondent to consider the appeal filed by the petitioner on 15.12.2016 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within three months from the date of receipt of a copy of this order. Till the disposal of the appeal, no coercive steps shall be taken by the respondent authorities.
The writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 To:
1 The Secretary to Government Municipal Administration and Water Supply Department Secretariat Fort St. George, Chennai-600 009.
2 The Commissioner Coimbatore Corporation, Coimbatore.
3 The Member Secretary Local Planning Authority Sivananda Colony Coimbatore- 641 012.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5383 of 2017 03.03.2017 http://www.judis.nic.in