1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.4509 of 2011 And M.P.(MD).Nos. 2 & 3 of 2011 P.Loganathan : Petitioner Vs 1. The Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai - 600 009 2. The Commissioner Municipal Administration Ezhilagam Chennai - 5 3. The Commissioner Trichirappalli City Municipal Corporation Trichy 4. The Assistant Commissioner K.Abishekapuram Zone Trichirappalli City Municipal Corporation, Trichi 5. Dr.R.Jothi Lakshmi : Respondents (R5 impleaded as per order of this Court dated 25.04.2011 and made in MP.No.1 of 2011) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to take necessary action on the representation of the petitioner dated 04.04.2011 and 09.04.2011 in respect of violation in the construction of building in Plot No. 10, II Cross Street, 7th Main Road, Srinivasa Nagar, Trichy - 620 017 as per Trichirappalli City Municipal Corporation Act within a time to be fixed by this Court. For petitioner : Mr.A.Saravanan For RR 1 & 2 : Mr.TR.Janarthanam (*)For 5th Respondent: Mr.Veera Kathiravan (*)For 3rd Respondent: Mr.P.Srinivas O R D E R The main Writ Petition itself is filed alleging that the Corporation has not taken any action in spite of the fact that the construction is violative on building permission rules. The petitioner apprehends that the building permission though granted for using residential purpose, the fifth respondent is trying to utilise for non-residential purpose especially for hospital. After notice, the fifth respondent has filed a detailed counter. https://hcservices.ecourts.gov.in/hcservices/ 2 In paragraph 5 of the counter, he has categorically stated that he will be utilise the building permission only for residential purpose and not for hospital or any other commercial activities. The Corporation has also filed a counter in which they have categorically stated that there were deviation in the construction, for which they have already initiated necessary action including the prosecution and the same has also been challenged by the petitioner in the Civil Court, which is pending. 2. Heard both parties. By consent of both sides, this Writ Petition is taken up for final disposal. 3. The apprehension of the petitioner is that the building which is adjoining building of the petitioner, should not be utilised for non- residential purpose. The fifth respondent has filed counter indicating that the building will be utilised only for residential purposes and it will not be utilised for non-residential premises especially as a hospital. In paragraph 5 of the counter is recorded. 4. The corporation has also filed a counter stating that necessary steps have already been initiated as against the petitioner for violation of building plan which is under challenge by separate proceedings. 5. Recording the submissions that the fifth respondent will not utilise the property for non-residential purpose and it will be used for residential purpose only. This Writ Petition is closed with liberty to the third respondent to continue the proceedings against the (*)fifth respondent for violation of building rules. 6. With the above said direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Deputy Registrar (Accounts) (*) Corrected as per order of this Court dated 30.07.2012 Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To be substituted for the orders already despatched on 5.7.2012 1. The Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai - 600 009 2. The Commissioner Municipal Administration Ezhilagam Chennai - 5 https://hcservices.ecourts.gov.in/hcservices/ 3 3. The Commissioner Trichirappalli City Municipal Corporation Trichy 4. The Assistant Commissioner K.Abishekapuram Zone Trichirappalli City Municipal Corporation, Trichy +1. CC to Mr.Veera Kathiravan, Advocate, SR.No. 19297 +1. CC to Mr.A.Saravanan, Advocate, SR.No. 19369 +1. CC to Mr.P.Srinivas, Advocate, SR.No.19330 +1. CC to the Special Government Pleader, SR.No. 19366 vsg W.P.(MD).No.4509 of 2011 20.06.2011 TR : 13.08.2012 : 3p/9c https://hcservices.ecourts.gov.in/hcservices/