M.Utthama Asirvatha Udaiyar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR M.Utthama Asirvatha Udaiyar Petitioner Vs The Commissioner, Erode City Municipal Corporation Erode Respondent Prayer:- This Writ Petition has been filed, under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to direct the Respondent to regularise the building constructed by the Petitioner in the Plot No.59 in S.No.109/1, 2, Abraham Nagar (Senthamil Nagar), Kaikattivalasu, Villarasampatti, Erode, in accordance with law, considering the representation of the Petitioner dated 12.06.2024, submitted along with the building plan drawing dated 28.01.2015. For Petitioner : Ms.Karthikaa Ashok For Respondent : Mr.M.Rajamathivanan, Standing Counsel

ORDER

(Order of the Court was made by S.S.SUNDAR, J.)

1. This Writ Petition is filed for issuance of Writ of Mandamus to direct 1/4

the Respondent to regularise the building constructed by the Petitioner in the Plot No.59 in S.No.109/1, 2, Abraham Nagar (Senthamil Nagar), Kaikattivalasu, Villarasampatti, Erode, in accordance with law, considering the representation of the Petitioner dated 12.06.2024, submitted along with the building plan drawing dated 28.01.2015.

2. This court heard the learned counsel on either side and considered their submissions and also perused the materials placed on record.

3. The Petitioner has only submitted a representation, without indicating the nature of the building plan approved and the deviations so that regularisation can be considered by the Respondents and such request is also possible under Section 135 of the Tamil Nadu Urban Local Bodies Act. Therefore, with a liberty preserved to the Petitioner to approach the Respondent by filing an application for regularisation with details along with the plan of the actual building and the approved plan, this Writ Petition is disposed of. No costs.

(S.S.S.R.J.) & (N.S.J.) Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm 2/4

To The Commissioner, Erode City Municipal Corporation, Erode 3/4

S.S.SUNDAR, J.

and N.SENTHILKUMAR, J.

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