P.Kailasam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.22861 of 2025 and WMP No.25687 of 2025 P.Kailasam S/o.Paramasivam, Rasikumaripalayam Street, Near Ayyanaar Theatre, Mohanur Post, Namakkal District.

Petitioner Vs 1.The District Collector Office of the District Collector, Tiruchengode Road, 2.The Deputy Director Town and Country Planning, Paramathi Road, Namakkal Town.

3.The Tahsildar Mohanur,

4.The Special Officer Town Panchayat, Mohanur, Namakkal District.

5.Aruna Sellarajamani, Proprietrix of Sella Mahal (Anvi Halla) D.No.572/7, Anna Nagar, Rasikomaripalayam Street, Rasipalayam Village, Mohanur Town and Taluk, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents herein to remove or demolish the construction of unauthorized building of Sella Mahal situate at D.No.572/7, Anna Nagar, Rasikomaripalayam Street, Rasipalayam Village, Mohanur Town, Panchayat, Mohanur Taluk, Namakkal District, comprised in S.Nos.129/1B, 129/2A3 and 129/2B of Rasikomaripalayam Village, by invoking Section 135(6) of the Tamil Nadu Urban Local Bodies Act, 1988 by considering the petitioner's representation dated 21.04.2025 within a stipulated time frame.

For Petitioner:

Mr.M.Premkumar for M/s.S.Senthil For Respondents:

Mr.K.Karthik Jagannath Government Advocate for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) As against the allegation of construction of a marriage hall without due permission, learned counsel for respondent Nos.1 to 4 places for perusal of this court a notice in Form-I issued on 13.6.2025 by the District Town and Country Planning Office, Namakkal. A perusal of the notice shows that respondent No.5 has been put to notice to disclose the authority under which construction has been made.

2. It is not a case where respondent authorities have not initiated any action. Once respondent authorities have initiated action by issuing notice in Form-I, we are not inclined to keep this petition pending, but to dispose it of.

3. The petitioner is given liberty to again approach this court in case the enquiry is not concluded and decision is not taken one way or the other within a reasonable period.

4. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, interim application stands closed.

Notice dated 13.6.2025 be placed on record today itself. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 23.07.2025 Index :

Yes/No :

Yes/No sasi To:

1.The District Collector Office of the District Collector, Tiruchengode Road, 2.The Deputy Director Town and Country Planning, Paramathi Road, Namakkal Town.

3.The Tahsildar Mohanur, 4.The Special Officer Town Panchayat, Mohanur, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(sasi) WP No.22861 of 2025 23.07.2025