LAWS(MAD)-2023-1-375

G. SHANMUGASUNDAR Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On January 11, 2023
G. Shanmugasundar Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The petitioner seeks to issue a Writ of Mandamus directing the respondents 1, 3, 4 and 7 to 9 to initiate action to demolish the unauthorised construction of apartments in the land measuring to an extent of 51.08 cents comprised in Old Survey No.151/2 & New Town Survey No.98/1, 2 of Ward No.J, Block No.14 of Uyyakondan Thirumalai Village, Srirangam Taluk, Tiruchirapalli District, restore the building as per the original approved plan and also initiate necessary disciplinary proceedings against the officials who have failed to take any action against the unauthorised construction, within a time to be stipulated by this court.

(2.) The case projected in the writ petition is as follows:

(3.) The main contention of the learned counsel for the petitioner is that despite various orders passed by this Court in the writ petitions and the contempt proceedings as well as by the competent authorities, none of them was complied with by the respondents 12 to 14 and no further action was taken by the respondent authorities. According to the learned counsel, the plan approval was granted only for 59,708 square feet, but the construction was made to an extent of 98,572 square feet, which fact was also admitted by the official respondents. However, no effective steps have been taken either to stop the further construction or to demolish the unauthorised construction made by the promoter.