Madras High CourtWP/24088/2025disposed of

Kavin v. The Director Of Municpal Administration

2025-07-04Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 24088 of 2025

1. KAVIN S/o. T. Subramani, D No. 405-b 2nd Floor, Boopal Complex, Crosscut Road, Coimbatore 641 012.

Petitioner(s) Vs

1. The Director Of Municpal Administration Directorate Of Municpal Administatration, Mrc Nagar, Raja Annamalaipuram, Chennai 600 028.

2.The Commissioner Coimbatore Corporaiton, Town Hall Road, Coimbatore 641 001.

3.Ashin Bafna S/o. Amirtlal Bafna , No. 173-c Renge Gounder Street, Town Hall Road, Coimbatore 641 001.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India to issue a writ of mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 04.02.2025 and remove the unauthorized construction of the 3rd respondent within a time frame to be fixed by this honourable Court.

For Petitioner(s):

Mr. R.Babu For Mr.B.Gopalakrishnan For Respondent(s):

Mr. M.S.Premkumar, Govt. Advocate For R1, Mr. N.Velmurugan, Standing Counsel For R2.

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed seeking direction to the respondents 1 and 2 to consider the petitioner's representation dated 04.02.2025 and remove the unauthorized construction of the 3rd respondent within a time frame to be fixed by this honourable Court.

2. According to the petitioner, the third respondent has constructed 4th floor, without obtaining planning permission from the 2nd respondent and the planning permission granted was only to construct 3 floors and terrace. It is contended by him that, even though after issuing notice to the third respondent, the 2nd respondent locked the building, now the 2nd respondent removed the lock and and seal and allowed the 3rd respondent to continue the construction work. Therefore, the petitioner made a representation on 04.02.2025 to the respondents 1 and 2 to demolish the unauthorized construction, but no action was taken. Hence the writ petition.

3. Mr.M.S.Premkumar, learned Government Advocate takes notice for the first respondent and Mr.N.Velmurugan, learned standing takes notice for the second respondent.

4. Considering the limited scope of prayer, without expressing any

opinion on merits, we are inclined to dispose of the writ petition by directing the 2nd respondent to consider the representation of the petitioner dated 04.02.2025 and pass orders in accordance with law, within a period of twelve weeks from the date of receipt of copy of the order, after giving opportunity of hearing to the petitioner as well as the third respondent.

5. With the above directions, this writ petition stands allowed. There shall be no order as to costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 04-07-2025 mst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director Of Municpal Administration Directorate Of Municpal Administatration, MRC Nagar, Raja Annamalaipuram, Chennai 600 028.

2.The Commissioner Coimbatore Corporaiton, Town Hall Road, Coimbatore 641 001.

3.Ashin Bafna S/o. Amirtlal Bafna No. 173-c Renge Gounder Street, Town Hall Road, Coimbatore 641 001.

J.NISHA BANU J.

AND

M.JOTHIRAMAN J.

mst WP No. 24088 of 2025 04.07.2025