W.P.No.27145 of 2021 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.Nos.27145 of 2021 and 21577 of 2022
Mrs.C.Bindu .. Petitioner in W.P.No.27145/21
Mr.N.Rajendran .. Petitioner in W.P.No.21577/22
Versus
1.The Member Secretary,
Town and Country Planning,
Suramangalam,
Salem.
2.The Commissioner,
Salem Corporation,
Salem.
3.M/s.Devi Constructions,
Rep. By its Promoter-cum-Builder
Mr.P.Jayapal, Salem – 7. .. Respondents in W.P.No.27145/21
1.The Principal Secretary to Government, Housing, Town Planning Projects, Urban Planning, Urban Development, Government of Tamil Nadu, Namakkal Kavingar Maaligai, Fort St. George, Chennai – 9.
2.The Additional Chief Secretary to Government, Municipal Administration, Urban and Water Supply, Government of Tamil Nadu, Namakkal Kavingar Maaligai, Fort St. George, Chennai – 9.
https://www.mhc.tn.gov.in/judis 1/6 W.P.No.27145 of 2021 etc.
3.The Commissioner, Corporation of Salem, Salem Municipal Corporation Office, Fort Main Road, Shevapet, Salem – 636001.
4.Assistant Director, Salem District Town and Country Planning Office, No.6, Sannathi Street, Subramani Nagar, Salem – 636 005.
5.M/s.Devi Constructions, Rep. By promoter and builder Mr.P.Jeyapaul, No.61, Yercaud Main Road, Salem – 636 007. .. Respondents in W.P.No.21577/22 Prayer in W.P.No.27145 of 2021: Writ Petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the second respondent to remove the unauthorized construction made by the third respondent at Devi Hill View Apartments situated in S.F.No.73/3 Part, Alagapuram Pudur, Kuruvamapatty Road, Gorimedu, Salem, within a time limit. Prayer in W.P.No.21577 of 2022: Writ Petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the respondents 3 and 4 to take action on the representation dated 20.06.2022 in accordance with law.
For Petitioner in W.P.No.27145/21 : Mr.A.Sriram
For Petitioner in W.P.No.21577/22 : Mr.R.Subramanian
In W.P.No.27145/21
For R1 : Mrs.M.Geetha Thamaraiselvam, SGP
For R2 : Ms.N.Devi, Standing Counsel
For R3 : Mr.A.Ilayaperumal
In W.P.No.21577/22
For R1, R2 & R4 : Mrs.M.Geetha Thamaraiselvam, SGP
For R3 : Ms.N.Devi, Standing Counsel
For R5 : Mr.P.Ganesan
https://www.mhc.tn.gov.in/judis
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W.P.No.27145 of 2021 etc.
COMMON ORDER
(Judgment of the Court was delivered by T.RAJA, J.) W.P.N.o.27145 of 2021 has been filed by one Mrs.C.Bindu seeking for issuance of a writ of mandamus to direct the Commissioner of Salem Corporation/second respondent to remove the unauthorized construction made by M/s.Devi Constructions, Salem/third respondent at Devi Hill View Apartments, situated in S.F.No.73/3 Part, Alagapuram Pudur, Kuruvampatty Road, Gorimedu, Salem, within certain time limit.
2. W.P.No.21577 of 2022 has been filed by one Mr.N.Rajendran seeking for issuance of a writ of mandamus to direct the respondents 3 and 4 to take action on the representation dated 20.06.2022 made by him requesting to remove the unauthorized construction put up on the fourth floor by the builder, namely, M/s.Devi Constructions, Salem, without the approval of the authority concerned.
3. It is averred in the affidavit filed in support of W.P.No.27145 of 2021 that the third respondent/Ms.Devi Construction had obtained planning permission from the Member Secretary, Town and Country Planning, Salem/first respondent for construction of residential apartments at S.F.No.73/3 Part, Alagapuram Pudur Village, Kuruvampatty Road, Gorimedu, Salem, on 06.12.2010 and the said apartment having an extent of 56854 sq.ft. consists of 17 blocks. Whileso, the petitioner/Mrs.C.Bindu purchased a Flat bearing https://www.mhc.tn.gov.in/judis 3/6 W.P.No.27145 of 2021 etc. No.A-3 having an extent of 780 sq.ft. through a registered sale deed dated 13.12.2013. Subsequently, after handing over the possession, the third respondent has started constructing the fourth floor as against the approval given only for three floors. Although the petitioners have made several representations, the authorities have not taken any step to preclude the construction of the fourth floor, hence, the present writ petitions with a prayer cited supra.
4. Ms.N.Devi, learned Standing Counsel for the Salem Corporation, drawing our notice to the status report dated 15.09.2022 filed by the Commissioner of Salem Corporation, submitted that although two show causes notices dated 06.09.2021 and 24.02.2022 were served on M/s.Devi Construction/fifth respondent in W.P.No.21577 of 2022, they have not given any reply to such notices.
5. In reply, Mr.P.Ganesan, learned counsel for the fifth respondent in W.P.No.21577 of 2022 and Mr.A.Ilayaperumal, learned counsel for the third respondent in W.P.No.27145 of 2021, have jointly submitted that they have not received any such notice as mentioned in the status report dated 15.09.2022 filed by the Salem Corporation.
6. In view of the above, the Commissioner of Salem Corporation, Salem, is directed to issue notice on the fifth respondent/M/s.Devi Constructions, Salem, in both writ petitions, calling upon them to submit their explanation to the claim of the petitioners https://www.mhc.tn.gov.in/judis 4/6 W.P.No.27145 of 2021 etc. along with the planning permission. On receipt of such explanation, the Commissioner of Salem Corporation, Salem, is directed to proceed further in accordance with law. With this direction, the writ petitions stand disposed of. No Costs.
(T.R., J.) (P.D.A., J.) 19.09.2022 rkm To
1.The Member Secretary, Town and Country Planning, Suramangalam, Salem.
2.The Commissioner, Salem Corporation, Salem.
3.The Principal Secretary to Government, Housing, Town Planning Projects, Urban Planning, Urban Development, Government of Tamil Nadu, Namakkal Kavingar Maaligai, Fort St. George, Chennai – 9.
4.The Additional Chief Secretary to Government, Municipal Administration, Urban and Water Supply, Government of Tamil Nadu, Namakkal Kavingar Maaligai, Fort St. George, Chennai – 9.
5.Assistant Director, Salem District Town and Country Planning Office, No.6, Sannathi Street, Subramani Nagar, Salem – 636 005.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.27145 of 2021 etc. T.RAJA, J.
and P.D.AUDIKESAVALU, J.
rkm W.P.Nos.27145 of 2021 and 21577 of 2022 19.09.2022 https://www.mhc.tn.gov.in/judis 6/6