V MUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, by name V. Muthu, has filed the above writ petition to issue a Writ of Mandamus directing respondents 1 to 3 to demolish the newly constructed unauthorised buildings and to remove the unauthorised development in the agricultural lands bearing S. Nos. 159/2b, 160, 161 and 162 in Perumbakkam Village, Thiruvallur Taluk and District, developed by the respondents 5 to 8 and their men, in accordance with the provisions of the Tamil Nadu Town and Country Planning Act within the time stipulated by this Court.

(2.) PURSUANT to the direction of this Court, the learned counsel appearing for respondents 5 to 8 has brought to our notice the order passed by the Government of Tamil Nadu in G. O. Ms. No. 73 Housing and Urban Development (UD. 4. 1) Department dated 10. 03. 2005. A perusal of the said Government Order shows that on the basis of the request of the fifth respondent viz. , S. T. Perumal Chettiar and five others, Tiruvallur, after accepting the remarks of the Commissioner of Town and Country Planning, the Government issued a notification for the change of the lands use of Survey Numbers 133/2, 159/1, 2a, 2b, 160/1,2,3, 161, 162, 163, `180/3, 185/2, 190/1,2,3, 191, 192/1,2 part and 193, and S. No. 207/a10 of Perumbakkam village, Tiruvallur Municipality/local Planning Area and District from Agricultural and Primary Residential use zone respectively into Mixed Residential use zone in the approved master plan of Tiruvallur local planning area.

(3.) IT is also brought to our notice by the learned Government Advocate appearing for respondents 1 and 2 that in G. O. Ms. No. 59 (Municipal Administration and Water Supply (Na. Nee. 1) Department, dated 25. 07. 2006, the Government have regularised the housing flats and imposed certain conditions. In view of the same, we are of the view that the complaint made by the petitioner cannot be sustained.