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P.Selvarajan vs 4 K.Mani

Madras High Court|04 October, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition itself is taken up for final disposal. Mrs.M.E.Rani Selvam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 3.
2 The grievance expressed by the petitioner is that the 3rd respondent / Municipality has accorded permission to the respondents 4 and 5 for construction of ground and first floor and in violation and deviation of the same, they have put up an additional construction and also deviated from the sanctioned plan and it was also brought to the knowledge of the 3rd respondent and the 3rd respondent has issued notice under Section 205 (1) and (2) of the Tamil Nadu District Municipalities Act, 1920 to the respondents 4 and 5 pointing out the deviation and unauthorised construction and calling upon them to set it right and it was also followed by a notice under Form-I dated 26.07.2017 issued under section 85 read with sections 56 and 57 of the Tamilnadu Country Planning Act 1971.
3 The grievance expressed by the petitioner is that thereafter no progress is taking place and the respondents 4 and 5 are carrying on commercial activities in the said building and therefore, prays for appropriate orders.
4 The Court heard the submissions of Mrs.M.E.Rani Selvam, learned Additional Government Pleader appearing for the respondents 1 to 3 and also perused the materials.
5 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to put the respondents 4 and 5 on notice and thereafter proceed further in accordance with law , in terms of Form-I notice dated 26.06.2017 issued in Na.Ka.No.2533/2017, issued under section 85 read with sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner and the respondents 3 to 5.
6 The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
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Title

P.Selvarajan vs 4 K.Mani

Court

Madras High Court

JudgmentDate
04 October, 2017