Petitioner sought mandamus for unauthorized construction by adjacent property owner. Court closed petition after Respondents admitted demolition and completion of fresh approved construction.
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W.P.No.2896 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM
THE HONOURABLE Mrs.JUSTICE J.NISHA BANU and
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.2896 of 2022
and
W.M.P.No.3026 of 2022
V.Subburayan
...Petitioner
vs
.... Respondents
1/5
W.P.No.2896 of 2022
Writ Petition filed under Article 226 of the Constitution to issue a Writ of Mandamus to direct the respondents 1 to 3 to take action against the 4th respondent for putting up unauthorized construction and to take further action pursuant to the proceedings of the 3rd respondent in Na.Ka.No.0889/21/nk dated 13.01.2022 in accordance with law.
For Petitioner : Mr.R.Subramanian For Respondents : Mr.E.Vijayanand, Additional Government Pleader for R1 Mr.K.Magesh, Standing Counsel for R2 & R3/ Municipal Corporation,Coimbatore Mr.L.Mouli for R4
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus to
direct the respondents 1 to 3 to take action against the 4th respondent for putting up unauthorized construction and to take further action pursuant to the proceedings of the 3rd respondent in Na.Ka.No.0889/21/nk dated 13.01.2022 in accordance with law.
the 4th respondent owns the western side adjacent property and they are planning to make modifications in their building and started construction
W.P.No.2896 of 2022
without permission and has also not maintained 5 feet distance between the 2 buildings which affects the petitioner's easementary rights. On 27.02.2021, the petitioner made representation to the 3rd respondent to restrict the construction made by the 4th respondent, but no action was taken. The petitioner filed W.P.No12594 of 2021 for directing the respondents 1 to 3 to take appropriate action. The 3rd respondent issued proceedings dated 13.01.2022 calling upon the 4th respondent to stop construction. But they did not stop the unapproved construction. The petitioner issued legal notice on 20.01.2022 to the 2nd respondent to take action upon the non compliance of the order against the 4th respondent, but no action was taken. Hence, the present writ petition.
W.P.No.2896 of 2022
petition. Therefore, recording the submission made by the learned counsel for the petitioner and the learned counsel for the 4th respondent, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.
(J.N.B.,J.) (N.M.,J.) 09.08.2023
Index:Yes/No Speaking/Non-speaking order vsi
To
W.P.No.2896 of 2022
J.NISHA BANU,J. and N.MALA,J.
vsi
W.P.No.2896 of 2022
09.08.2023
V.Subburayan
The District Collector, Coimbatore
The Commissioner, Coimbatore Municipal Corporation
Assistant Commissioner, Coimbatore Municipal Corporation
Jothimani Gopalan
J.NISHA BANU
N.MALA
As recorded by the court registry
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