1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.10323 of 2011 and M.P(MD)No.1 of 2011 Thiru. Chandrasekara Vellayan .. Petitioner Vs. 1.The Director, Town and Country Planning, Chennai- 600 005. 2.The Local Planning Authority, Tiruchirappalli- 620 001. 3.The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli- 620 001. 4.Thiru.Vivekanandan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to stop illegal construction that is being put by the fourth respondent by encroaching part of the petitioner's plot No.8, bearing T.S.No.27/3B, situated at Tiruchirappalli city Corporation limit in Old Block No.60, Ward No.30, Old T.S.No.3887, New Ward G. For Petitioner :Mr.R.Subramanian For R-1 to R-3 :Mr.M.Govindan, Special Govt. Pleader For R-4 :Notice is dispensed with O R D E R This Writ Petition has been filed to direct the respondents 1 to 3 to stop illegal construction that is being put up by the fourth respondent by encroaching the part of the petitioner's plot No.8, bearing T.S.No.27/3B, situated at Tiruchirappalli city Corporation limit in Old Block No.60, Ward No.30, Old T.S.No.3887, New Ward G. 2. Heard Mr.R.Subramanian, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for R-1 to R-3. 3. In view of the order that is to be passed, notice is dispensed with for R-4. 4. By consent, the Writ Petition itself is taken up for final hearing. 5. The petitioner has made a representation to the third respondent on 22.08.2011 and he has also sent a telegram on 06.09.2011 to the third https://hcservices.ecourts.gov.in/hcservices/ 2 respondent, pointing out certain irregularities in the construction made by the fourth respondent. 6. Considering the limited scope of the relief sought for in this petition, without going into the merits of the petitioner's claim, the third respondent is directed to consider the petitioner's representation, dated 22.08.2011 and the telegram dated 06.09.2011, on its own merits and in accordance with law, as expeditiously as possible. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim. 7. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. SD/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) To 1.The Director, Town and Country Planning, Chennai- 600 005. 2.The Local Planning Authority, Tiruchirappalli- 620 001. 3.The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli- 620 001. +1. CC to the Special Government Pleader, SR.No.31451 pm W.P.(MD)No.10323 of 2011 13.09.2011 TR : 21.09.2011: 2p/5c https://hcservices.ecourts.gov.in/hcservices/