Disposed

J.Krishnakumar v. the Principal Secretary

Madras HC5 Jan 2024WP/227/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus directing officials to enforce notices issued against unauthorized constructions in Pollachi Municipality and remove them. Court noted an earlier writ petition had been disposed with action promised; given only three months elapsed and authorities stated steps were underway, it disposed of the petition with observations that inaction would be viewed seriously.

What the court decided

AI extract

J.Krishnakumar Vs the Principal Secretary — Municipal and Town Planning | Madras HC (2024)

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W.P.No.227 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.01.2024

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.227 of 2024

J.Krishnakumar

.. Petitioner Vs.

The Principal Secretary

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Housing and Urban Development Department Fort St.George, Secretariat

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Chennai – 600 009.

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The Director

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Municipal Administration

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75, Urban Administrative Building Santhome High Road, Mrc Nagar

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Raja Annamalaipuram, Chennai – 600 028.

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The Deputy Director

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Town and Country Planning

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2^nd Floor, Dr.Nanjappa Road Gopalapuram, Coimbatore – 641 018.

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The Commissioner Pollachi Municipality Palakkad Road, Pollachi – 642 001.

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The City Planner Pollachi Municipality Palakkad Road, Pollachi – 642 001.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.227 of 2024

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The Proprietor Sri Balaji Complex, Door No.95/8 New Scheme Road, Pollachi – 642 002.

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Kumarasamy

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Selvathangam

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Radhamani 10. Ramasamy 11. Suseela

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 3 and 4 to act in furtherance of the notices issued by them to the respondents 6 to 11 and such 160 individuals in Pollachi Municipality acting contrary to the Town and Country Planning Act, 1971 and to further direct the respondents 1 to 5 to remove all such unauthorized constructions and encroachments in and around the Pollachi Municipality.

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For the Petitioner : Ms.Abhirame for Ms.V.Srimathi

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For the Respondents : Mr.P.Muthukumar State Government Pleader for R1

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Mr.B.Anand for R4

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ORDER

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(Made by the Hon'ble Chief Justice)

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Heard Ms.Abhirame, learned counsel appearing for

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Ms.V.Srimathi, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the first respondent and Mr.B.Anand, learned counsel for the fourth respondent.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.227 of 2024

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It appears that the petitioner is filing multiple writ petitions.

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Earlier, a writ petition was filed bearing W.P.No.20181 of 2023. This Court, under order dated 26.09.2023, disposed of the writ petition by recording the submissions that notices were issued to seven violated buildings and action is being taken for lock and seal. The steps are being undertaken by the Municipality. We had further observed that if, in future, the Municipality is not implementing or taking steps to remove the unauthorized construction, then the petitioner may approach afresh.

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The said order was passed on 26.09.2023. The present

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petition is filed on 02.01.2024. Some reasonable time will have to be given to the authorities to take steps. The procedure of law will have to be followed.

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Learned counsel appearing for the fourth respondent submits

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that steps are being undertaken; notices will be issued.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.227 of 2024

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The same was also recorded in the order dated 26.09.2023 in

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W.P.No.20181 of 2023. After that, no further steps are taken for more than three months, which only leads to the inefficiency and incompetence of the officers concerned. The officers are expected to take steps against the erring parties and the unauthorized illegal constructions.

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If the officers of the fourth respondent Municipality do not

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take prompt action against the illegal constructions, though having issued earlier notices, then the same would be viewed seriously.

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With these observations, the present writ petition stands

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disposed of. There shall be no order as to costs.

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(S.V.G., CJ.) (D.B.C., J.) 05.01.2024 Index : Yes/No Neutral Citation : Yes/No

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drm

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.227 of 2024

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The Principal Secretary Housing and Urban Development Department Fort St.George, Secretariat Chennai – 600 009.

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The Director Municipal Administration 75, Urban Administrative Building Santhome High Road, Mrc Nagar Raja Annamalaipuram Chennai – 600 028.

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The Deputy Director Town and Country Planning 2^nd Floor, Dr.Nanjappa Road Gopalapuram, Coimbatore – 641 018.

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The Commissioner Pollachi Municipality Palakkad Road, Pollachi – 642 001.

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The City Planner Pollachi Municipality Palakkad Road, Pollachi – 642 001.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.227 of 2024

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm)

W.P.No.227 of 2024

05.01.2024

Page 6 of 6

https://www.mhc.tn.gov.in/judis

J.Krishnakumar v. the Principal Secretary

Case brief

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What the court decided

J.Krishnakumar v. the Principal Secretary

Case brief

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