The Madras High Court has directed the Government Pleader (GP) to obtain instructions as to why a matter relating to an unauthorised construction should not be referred to the CBI for an inquiry and fixing responsibility on the officials concerned during that time and why they should not be proceeded against both departmentally and criminally.
The first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam posed the question to the GP during the course of arguments on a writ petition from R Ramamoorthy and his wife Mahalakshmi of Singravelar Nagar in Neelankarai.
According to the petitioners, they decided to construct a building and applied for the plan approval to the St Thomas Mount Panchayat Union. Ramamoorthy was asked to drop the application in a box, which he did in October, 2008.
When he enquired about it in November 2008, he was told that the panchayat would not pass any order and he could proceed with the construction in accordance with rules. The petitioner then started the construction and completed it in August 2010. But, their neighbour filed a writ plea for a direction to the government to dismiss the Corporation officials for permitting Ramamoorthy to construct the house in violation of the rules. The Corporation, by a letter dated May 28, 2012, ordered the demolition. Hence, the present petition.
The bench on July 9 last directed the Corporation to state as to how the petitioner was allowed to put up the unauthorised construction. When the matter came up on Friday, the bench noticed that its July 9 order was not complied with. The bench adjourned the same for two weeks.
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