High Court Madras High Court

Udhagai Senguttuvan vs 8 P.Senthilnathan on 8 April, 2011

Madras High Court
Udhagai Senguttuvan vs 8 P.Senthilnathan on 8 April, 2011
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:8.4.2011

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR

Writ Petition No.8942 of 2011  
and
M.P.No.1 of 2011

 

Udhagai Senguttuvan,
S/o S.Palaniyandi,
Secretary,
M/s.Sree Ambal Houses 
Welfare Association,
Registration No.95/2010,
residing at Flat C, 1st Floor,
"Sree Ambal Houses",
Gem Nagar,
Kancheepuram 631 502.                                              ... Petitioner

      Vs

1   THE DIRECTOR                                 
     O/O.THE DIRECTOR OF TOWN AND
     COUNTRY PLANNING (DTCP) 
     NO.807 ANNA SALAI  
     CHENNAI-2.

2   THE DISTRICT COLLECTOR
     KANCHEEPURAM.

3   THE SUPERINTENDENT OF POLICE
     KANCHEEPURAM.

4   THE INSPECTOR OF POLICE
     B-3  KANCHEEPURAM POLICE STATION   
     KANCHEEPURAM.

5   THE MEMBER SECRETARY
     LOCAL PLANNING AUTHORITY   
     KANCHEEPURAM MUNICIPALITY   
     KANCHEEPURAM.

6   THE EXECUTIVE OFFICER
     SEVELIMEDU PANCHAYAT  
     SEVELIMEDU   
     KANCHEEPURAM-2.

7   S.SATHIYAN
     PARTNER OF M/S.VELAVA PROMOTERS  
     NO.39/13 KATHIRVEL STREET  
     IYYAPPA NAGAR  
     SEVILIMEDU  
     KANCHEEPURAM-631 502.

8   P.SENTHILNATHAN
     PARTNER OF M/S.VELAVA PROMOTERS  
     FLAT-F  GROUND FLOOR  
     SREE AMBAL HOUSES  
     GEM NAGAR  
     SEVILIMEDU  
     KANCHEEPURAM-631 502.                              ... Respondents
  

	Writ Petition  is filed under Article 226 of the Constitution of India praying to issue a Writ of  Mandamus, Directing the respondents 1 to 6 to keep the Drive Way and the apartment, namely, Sree Ambal Houses,  Gem Nagar,  Sevilimedu,  Kancheepuram-2, as per the approved sanction plan vide proceedings in Na.Ka.No.22694/06, approval No.07/2007  dated 19.1.2007 by the 1st respondent, consequently, demolish the illegal/unauthorized construction thereon.


	For Petitioner     	:       Mr.P.Srinivasan 

	For Respondents 
	1 to 5		:	Mr.S.Shivashanmugam,
					Government Advocate.
						 
-----
O R D E R

Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 6 to keep the Drive Way and the apartment, namely, Sree Ambal Houses, Gem Nagar, Sevilimedu, Kancheepuram-2, as per the approved sanction plan vide proceedings in Na.Ka.No.22694/06, approval No.07/2007 dated 19.1.2007 by the 1st respondent, consequently, demolish the illegal/unauthorized construction thereon.

2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondents 1 to 5. Notice to the respondents 6 to 8 is dispensed with, in view of the nature of order that is to be passed in this writ petition. By consent of both the parties, the writ petition is taken up for final disposal.

3. Without going into the merits of the case, the learned senior counsel appearing for the petitioner submits that a complaint/ representation dated 2.4.2011 has been given to the second respondent District Collector against the seventh respondent stating that the seventh respondent is obstructing the members of the petitioner’s association from using the driveway, which he is not entitled to under law. The grievance of the petitioner will be met if a direction is given to the second respondent District Collector to consider the said complaint/representation.

4. In view of the limited relief now sought for, the second respondent District Collector is directed to consider and disposed of the the said complaint/representation dated 2.4.2011 on its own merits and in accordance with law. If any action adverse to the respondents 7 and 8 is to be taken, they have to be duly noticed so as to avoid allegation of violation of principles of natural justice. If the District Collector finds that there is no complaint/representation on record, the petitioner is entitled to submit a fresh complaint/representation along with a copy of this order. On receipt of such complaint/representation, the second respondent District Collector is directed to deal with the matter expeditiously, preferably within a period of two weeks thereafter.

5. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.

ts

To

1 THE DIRECTOR
O/O.THE DIRECTOR OF TOWN AND
COUNTRY PLANNING (DTCP)
NO.807 ANNA SALAI
CHENNAI-2.

2 THE DISTRICT COLLECTOR
KANCHEEPURAM.

3 THE SUPERINTENDENT OF POLICE
KANCHEEPURAM.

4 THE INSPECTOR OF POLICE
B-3 KANCHEEPURAM POLICE STATION
KANCHEEPURAM.

5 THE MEMBER SECRETARY
LOCAL PLANNING AUTHORITY
KANCHEEPURAM MUNICIPALITY
KANCHEEPURAM.

6 THE EXECUTIVE OFFICER
SEVELIMEDU PANCHAYAT
SEVELIMEDU
KANCHEEPURAM 2