Dismissed

P. Marimuthu v. The Commissioner

Madras HC19 Dec 2018WP/14754/2018

Case brief

AI extract

What is this about?

On a writ petition challenging illegal construction, the High Court noted that the specific respondent had filed a fresh approval application pending examination. The Court disposed of the petition, directing the Deputy Director to process and finalize that application within three months, thereby closing the dispute.

What did the court decide?

Direction to Respondent No.2 to process and finalize the application for approval filed by Respondent No.5 within three months.

P. Marimuthu Vs The Commissioner — Landlord and Tenant | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 19.12.2018

¶3

CORAM :

¶4

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE Dr.JUSTICE ANITA SUMANTH

¶5

W.P.No.14754 of 2018

¶6

and
W.M.P.Nos.17434 & 17435 of 2018
P.Marimuthu ...Petitioner
.Vs.
1 The Commissioner
Directorate of Town and Country Planning
Chengalvarayan Building
4th Floor 807 Anna Salai
Chennai - 600 002
2 The Deputy Director
Directorate of Town and Country Planning
Salem Region 6 Sannathi Street
Subramania Nagar
Sooramangalam Salem - 636 005
3 The Commissioner
Narasingapuram Municipality
Municipality Office
Narasingapuram - 636 108
4 Executive Engineer
(Operation & Maintenance)
TANGEDCO Attur Town
Salem district - 636 102
5 Palaniappan
6 The Secretary to Government of Tamil Nadu
Housing and Urban Development Department
Chennai 600 009.
(R6-Impleaded as per
order dated 18.6.2018) ...Respondents

¶7

https://hcservices.ecourts.gov.in/hcservices/

¶8

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent to demolish the illegal structures put up by the 5th respondent in the premises at Door No. 79, 79A, 79B, 79C, Salem Main Road, Narasinghapuram Post, Attur Taluk - 636 108 Salem District and restore the building to its Original Building plan dated 4.9.2013.

¶9

For petitioner : Mr.Gokulkrishnan

¶10

Learned Government Pleader (Incharge) has placed before us a copy of the communication dated 17.12.2018 passed by the Additional Secretary (Technical) of the Housing and Urban Development, Chennai by which, it is directed that the Lock and Seal of the Building in question put up by Respondent No.5 is continued till the Appellant/Respondent No.5, Mr.Palaniappan obtains proper approval from the Competent Authority for the construction in the site under reference, a copy of the same has been endorsed to the present petitioner/complainant also.

¶11

Para 12 of the said communication also reveals that the said Respondent No.5, Palaniappan has made a fresh Application for Approval of the construction in question, which is yet to be examined and appropriate orders on the application are yet to be passed.

¶12

In view of the above, we feel that the present petition complaining against the said construction deserves to be closed at this stage, with a direction to Respondent No.2, the Authority concerned to process and finalize the Application for approval filed by Respondent No.5 in accordance with law within a period of three months from today.

¶13

https://hcservices.ecourts.gov.in/hcservices/

¶14

With the above observation, the writ petition is disposed of. No order as to costs. The connected miscellaneous petitions are also closed.

¶15

Sd/-

¶16

Assistant Registrar(CO)

¶17

//True Copy//

¶18

Sub Assistant Registrar

¶19

ssk.

¶20

To 1 The Commissioner Directorate of Town and Country Planning Chengalvarayan Building 4th Floor 807 Anna Salai Chennai - 600 002 2 The Deputy Director Directorate of Town and Country Planning Salem Region 6 Sannathi Street Subramania Nagar Sooramangalam Salem - 636 005 3 The Commissioner Narasingapuram Municipality Municipality Office Narasingapuram - 636 108 4 The Executive Engineer (Operation & Maintenance) TANGEDCO Attur Town Salem district - 636 102 5 The Secretary to Government of Tamil Nadu Housing and Urban Development Department Chennai 600 009. +1cc to Mr.V.Rajesh, Advocate, S.R.No.88293 +1cc to The Govt Pleader, S.R.No.88977,88912.

¶21

W.P.No.14754 of 2018

¶22

sj(co) kak(09/01/2019)

¶23

https://hcservices.ecourts.gov.in/hcservices/

P. Marimuthu v. The Commissioner

Case brief

What is this about?

What did the court decide?

P. Marimuthu v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Integrated Finance Co. Ltd. Vs the Deputy Commissioner of

Integrated Finance Co. Ltd. Vs the Deputy Commissioner of

The Commissioner of Vs M/S.Kumbakonam Mutual

M/S Store N Move Pvt. Ltd, Vs Mr. Ysp Balraj

Commissioner of Income Tax I Vs M/S Atlantic Fabrics

The Commissioner of Vs M.Karthikeyan