Petitioner filed a writ petition as PIL directing demolition of an illegal structure. The High Court dismissed the petition because the petitioner failed to adhere to Public Interest Litigation rules under Article 226.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.04.2018
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
W.P.No.7090 of 2018 and WMP.Nos.8790 and 8791of 2018 P.Marimuthu .. Petitioner Versus 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, Attur Municipality, Municipality Office, Attur. Salem District-636 102. 4.Executive Engineer, (Operation & Maintenance) TANGEDCO Attur Town, Salem District-636 102. 5.C.Ravishankar .. Respondents PRAYER:Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the 3rd respondent to demolish the illegal structure put up by the 5th respondent in the premises at Door No.775, 777, Ranipet, Attur Post-636 102, Salem District and restore the building to its Original Building Plan in Letter No.89/2005/F1 dated 05.10.2005.
For Petitioner : Mr.S.Sai Sathyajith
For Respondents : Mr.A.N.Thambidurai, Spl GP
for R1 & R2 Mr.A.SThambusami for R3 Mr.S.K.Raameshwar for R4 Mr.P.G.Perumal Pandian for R5
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
Admittedly, the petitioner at the time of filing of the writ petition, styled as Public Interest Litigation, did not adhere to the rules to regulate the Public Interest Litigation under Article 226 of the Constitution of India in R.O.C.No.670A/2010/F-1. In the light of the same, the writ petition is dismissed. However, if the petitioner is so advised, and if it is open to him under law, he can file the Public Interest Litigation by strictly adhering to the said rules.
3.The Commissioner,
Attur Municipality,
Municipality Office,
Attur. Salem District-636 102.
4.Executive Engineer,
(Operation & Maintenance)
TANGEDCO
Attur Town, Salem District-636 102.
+1 CC to Govt. Pleader sr 30013.
+1 CC to Mr.S.K. Rameshuwar, Advocate sr 30099.
+1 CC to Mr.V. Raghavachari, Advocate sr 29091
+1 CC to Mr.S. Sai Sathyjith, Advocate sr 29261.
+1 CC to Mr.A. S. Thambuswamy, Advocate sr 29380
W.P.No.7090 of 2018
SJ(CO)
SP(15/05/2018)
P. Marimuthu
The Commissioner, Directorate of Town and Country Planning
The Deputy Director, Directorate of Town and Country Planning
The Commissioner, Attur Municipality
Executive Engineer, (Operation & Maintenance) TANGEDCO
C. Ravishankar
M. SATHYANARAYANAN
P. RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
