Babushakif v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.22013 of 2025 Babushakif S/o Abdul Kyum

...Petitioner

Vs.

1. The District Collector, Collectorte Office, Villupuram District - 605 602.

2. The Commissioner, Tindivanam Municipality, Eswaran Kovil Street, Tindivanam, Villupuram District - 604 001

3. Rasik Ali, Ajima Bakery, Door No.3, Senthamil Street, Pelakuppam Road, Tindivanam, Villuppuram District - 604 001.

... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the respondents 1 & 2 to remove the entire unauthorized construction and the illegal running of the biscuit manufacturing company in the name of "Ajima bakery" by the 3rd respondent in the residential area situated at Door No.3, Senthamil Street, Pelakuppam road, Tindivanam, Villupuram District - 604 001, within a

stipulated time as fixed by this Court.

For Petitioner : Mr.K.Ponraj For Respondents : Mr.M.Venkateswaran, Special Government Pleader for R1 Mr.M.R.Gokulakrishnan, Standing Counsel for R2 ******

O R D E R

(The order of the Court was made by J.Nisha Banu,J.) Mr.M.Venkateswaran, learned Special Government Pleader takes notice for the 1st respondent. Mr.M.R.Gokulakrishnan, learned Standing Counsel takes notice for the 2nd respondent.

2. This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents 1 & 2 to remove the entire unauthorized construction and the illegal running of the biscuit manufacturing company in the name of "Ajima bakery" by the 3rd respondent in the residential area situated at Door No.3, Senthamil Street, Pelakuppam road, Tindivanam, Villupuram District - 604 001, within a stipulated time as fixed by this Court.

3. The case of the petitioner is that without obtaining prior approval

and permission from the competent authority, the 3rd respondent has put up an unauthorized tin shed in his residential house and has been running a Biscuit manufacturing company in the name and style of 'Ajima Bakery' in the residential area. Against the same, the petitioner has given several complaints to the respondents 1 and 2 requesting to remove the unauthorized Biscuit manufacturing company 'Ajima Bakery'. On receipt of the complaint made by the petitioner, the 2nd respondent made personal inspection of the 3rd respondent company and found that the 3rd respondent is running the said Biscuit manufacturing company without getting necessary approval and permission and therefore, the second respondent issued a letter in Na.Ka.No.Ni./2020/H1 dated 06.10.2020 directing the 3rd respondent to get approval and permission for running the manufacturing factory.

4. Instead of complying with the directions of the second respondent stated in the letter, dated 06.10.2020, the third respondent has started a biscuit manufacturing unit in the second floor of his residence without obtaining any approval, for which act of the third respondent, the second respondent has issued demolition notice on 15.06.2022 for unauthorised construction of second floor by the 3rd respondent. Aggrieved against the same, the petitioner made several representations dated 24.02.2025 &

03.04.2025 to the 2nd respondent to take action against the third respondent. Since no action is taken till date, the present writ petition is filed with the aforesaid prayer.

5. Though the petitioner has come up with a larger prayer, the learned counsel for the petitioner submitted that it would be suffice if a direction is issued to the 2nd respondent to consider the representation made by the petitioner dated 03.04.2025 and dispose of the same within a stipulated time frame as fixed by this Court.

6. Heard the learned counsel for the petitioner and perused the materials available on record.

7. Without adverting into the facts of the case, considering the submissions made by the petitioner, this Court directs the 2nd respondent to consider the representation of the petitioner dated 03.04.2025 and pass appropriate orders on the same, in accordance with law, after giving due opportunity of personal hearing to the petitioner as well as the 3rd respondent and other interested parties, if any. Such exercise shall be done by the 2nd respondent within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed

of. No costs.

[J.N.B.,J.] [M.J.R.,J.] 20.06.2025 vsi Speaking order/Non-speaking order To

1. The District Collector, Collectorte Office, Villupuram District - 605 602.

2. The Commissioner, Tindivanam Municipality, Eswaran Kovil Street, Tindivanam, Villupuram District - 604 001

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

Vsi 20.06.2025