Court need not issue fresh mandamus if authorities have initiated removal proceedings for unauthorized construction under planning laws.

(Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed seeking a direction to the respondents 1 to 3 to remove the unauthorized construction made by the fourth respondent.

2.The contention of the petitioner is that the fourth respondent is putting up a construction in the subject property without obtaining any permission from the local authorities. The representation submitted by the petitioner to take action as against such unauthorized construction, does not evoke any response. Hence, the petitioner has filed the present writ petition.

3.The learned Additional Government Pleader appearing on behalf of the first respondent, by placing reliance on the counter affidavit filed by the first respondent, submitted that admittedly, the fourth respondent has not obtained any permission whatsoever from the local authorities. He further submitted that though an application for regularization was filed by the fourth respondent, the same was returned pointing out certain defects. However, the said application has neither been resubmitted nor has any fresh application been filed. Consequently, action has been initiated against the fourth respondent under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act for removal of the unauthorized construction, and such proceedings are presently in progress.

4.Heard the learned counsel appearing on either side and perused the materials placed on record.

5.Perusal of the affidavit as well as the counter affidavit filed by the first respondent shows that the construction in question is admittedly an unauthorized construction. It is also evident that the competent authorities have already initiated appropriate proceedings under Sections 56 and 57 of the Town and Country Planning Act, 1971 for removal of the said unauthorized construction.

6.In view of the above, no further direction is required to be issued by this Court. The authorities concerned are directed to proceed with the action already initiated, in accordance with law, for removal of the unauthorized construction and complete the entire exercise within a period of three months from the date of receipt of a copy of this order.