Writ petition filed for removal of unauthorized constructions. Court noted the municipality's active enforcement actions and prosecution of violators. No further orders passed as steps are being undertaken; petition disposed of.
Disposed of; no further orders passed; petitioner may approach afresh if municipality fails to implement future steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.20181 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.20181 of 2023
J.Krishnakumar
.. Petitioner
Vs.
.. Respondents
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W.P.No.20181 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to remove the unauthorised constructions/encroachments in and around Pollachi Municipality as per the directions passed in W.P.No.3995 of 2019.
For the Petitioner : Ms.R.Sripriya
For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1 to 3
Mr.B.Anand Standing Counsel for Respondent-4
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Ms.R.Sripriya, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents 1 to 3 and Mr.B.Anand, learned Standing Counsel for the fourth respondent.
Page 2 of 6
W.P.No.20181 of 2023
status report. It is stated that action has been taken from 01.01.2021 to 20.9.2023 against all unauthorised/deviated constructions and buildings constructed without proper permission from Municipality. Till now, owners of 69 buildings have been prosecuted, fined and notices were issued to the occupants of 488 unauthorised and 63 deviated buildings. So far, 4 building owners have rectified the violations in their buildings and obtained permission from the office of the Joint Director of Town and Country Planning, Coimbatore.
Page 3 of 6
W.P.No.20181 of 2023
Municipality, we are not passing any further orders.
(S.V.G., CJ.) (P.D.A., J.) 26.09.2023 Index : Yes/No Neutral Citation : Yes/No
kpl
To
Page 4 of 6
W.P.No.20181 of 2023
Page 5 of 6
W.P.No.20181 of 2023
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl)
W.P.No.20181 of 2023
26.09.2023
Page 6 of 6
1 issue framed by the court
Whether the High Court should exercise its writ jurisdiction to direct the removal of unauthorized constructions when the municipality is actively taking compliance steps.
1 provisions across 1 enactments
J. Krishnakumar
The Principal Secretary Housing & Urban Development Department
The Director Municipal Administration
The Deputy Director of Town and Country Planning
The Commissioner Pollachi Municipality
Sanjay V. Gangapurwala
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
