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.
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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