IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.4608 of 2017 S.Victor Santhanam .. Petitioner Vs.
1. The District Collector Kancheepuram District Kancheepuram- 631 501.
2. The Block Development Officer Tiruporur Panchayat Union Thandalam- 603 105.
3. The Tahsildhar Tiruporur Taluk Tiruporur-603 110.
4. The Panchayat President Muttukaadu Village Panchayat Muttukaadu - 603 112.
5. The Deputy Director Town and Country Planning Chengalpattu Region No.124 GST Road Periyar Shopping Complex Chengalpattu-603 001.
6. K.S.Subash .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 to 5 herein to take necessary action against the unauthorized construction activity of the 6th Respondent in Survey No.82/12, Pillayar Koil Street, Kazhipattur Village, Tiruporur Taluk.
For Petitioner : Mr.M.Sivavarthanan For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 5 ORDER (Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the respondents 1 to 5. Notice to the sixth respondent is dispensed with.
2. Heard the learned counsel for the parties.
3. The petitioner is the owner of the house property. The sixth respondent (private respondent) is the owner of the adjacent property. The sixth respondent started constructing residential flats without car parking facilities and without leaving any set back area. It is alleged that the sixth respondent did not obtain any planning permission. In this regard, the petitioner sent a representation to the respondents on 4.2.2017. However, it is alleged that no action was taken till date. Hence, the present writ petition.
4. Considering the facts and circumstances of the case, we direct the respondent/authorities to consider the representation of the petitioner dated 4.2.2017 in accordance with law, after due notice to the petitioner and the sixth respondent, and pass appropriate orders within three months from the date of receipt of this order. All the contentions raised are left open to be urged by the parties before the competent authority.
The writ petition is disposed of accordingly. No costs.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 23.02.2017 To:
1. The District Collector Kancheepuram District Kancheepuram- 631 501.
2. The Block Development Officer Tiruporur Panchayat Union Thandalam- 603 105.
3. The Tahsildhar Tiruporur Taluk Tiruporur-603 110.
4. The Panchayat President Muttukaadu Village Panchayat Muttukaadu - 603 112.
5. The Deputy Director Town and Country Planning Chengalpattu Region No.124 GST Road Periyar Shopping Complex Chengalpattu-603 001.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.4608 of 2017 23.02.2017