Madras High CourtWP(MD)/916/2025disposed of

M.Haja Thawfeeq v. The Ombudsman

2025-01-10Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Haja Thawfeeq ... Petitioner Vs.

1.The Ombudsman, O/o. Tamil Nadu Local Bodies Ombudsman, No.100, Anna Saalai, Guindy, Chennai - 600032.

2.The Director (Administration), O/o. The Director of Administration, No.75, Santhome Main Road, Raja Annamalaipuram, Chennai - 600028.

3.The Joint Director/The Nodal Officer, O/o. The Director of Administration, No.75, Santhome Main Road, Raja Annamalaipuram, Chennai - 600028.

4.The Commissioner, Kayalpattinam Municipality, Kayalpattinam, Thoothukudi District - 628 204.

5.Kumar Singh ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to 1/5

implement to order of respondent No.1 through Order No.162/N/2022 dated 30.10.2022.

For Petitioner : Mr.C.M.Mari Chelliah Prabhu For 1st Respondent : Mr.D.Shanmugaraja Sethupathy For Respondents 2 & 3 : Mr.S.Kameshwaran Government Advocate For 4th Respondent : Mr.V.Nirmal Kumar Standing Counsel

ORDER

Considering the limited scope of relief sought for, notice to the 5th respondent is dispensed with.

2.This Writ Petition is filed, seeking to direct the 4th respondent to implement the order passed by the first respondent, by Order No. 162/N/2022, dated 30.10.2022.

3.Heard the learned counsels on either side and carefully perused the entire materials available on record.

4.The petitioner made a complaint with respect to an unauthorized construction at Survey No.468/1A, Chinna Nesavu Street, Kayalpattinam, Thoothukudi District, to the first respondent. The first respondent on receipt of the same, initiated an enquiry in which, the 4th respondent duly appeared and the petitioner was also given an opportunity of hearing and thereafter, passed an order, directing the 4th respondent to remove the 2/5

encroachment, if any.

5.The learned Government Advocate appearing for the respondents 2 and 3 on written instructions submitted that they are in the process of implementing the order passed by the first respondent. 6.Recording the same, this Writ Petition is disposed of with a direction to the 4th respondent to implement the order of the first respondent within a period of four weeks from the date of receipt of copy of this order. There shall be no order as to costs. 10.01.2025 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/5

To 1.The Director (Administration), O/o. The Director of Administration, No.75, Santhome Main Road, Raja Annamalaipuram, Chennai - 600028.

2.The Joint Director/The Nodal Officer, O/o. The Director of Administration, No.75, Santhome Main Road, Raja Annamalaipuram, Chennai - 600028.

3.The Commissioner, Kayalpattinam Municipality, Kayalpattinam, Thoothukudi District - 628 204.

4/5

L.VICTORIA GOWRI, J.

Mrn 10.01.2025 5/5