C.Kannan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1100 of 2024 C.Kannan ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Annamaligai, Madurai - 625 002.

2.C.Chellapandi.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to take appropriate steps for removal of the unauthorized illegal construction of the 2nd respondent at Madurai, Melamadai 2nd bit in survey No.36/3 New Survey numbers 36/96,

36/97, 36/98 and by considering the petitioner's representations dated 12.09.2023 and 03.10.2023.

For Petitioner :

Mr.A.Jeyaram For Respondents :

Mr.K.Sivabalan for R1

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 1st respondent to take appropriate steps for removal of the unauthorized illegal construction of the 2nd respondent at Madurai, Melamadai 2nd bit in survey No.36/3 New Survey numbers 36/96, 36/97, 36/98 and by considering the petitioner's representations dated 12.09.2023 and 03.10.2023.

2. This Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the second respondent has made unauthorized construction in the property in question and in this regard, the petitioner has sent representations on 12.09.2023 and 03.10.2023 to the first respondent seeking to remove the unauthorized construction made by the second respondent. Since no action was taken on the said representations, the petitioner has filed this Writ Petition.

4. Considering the limited scope of the prayer in the Writ Petition, without going into the merits of the case, we direct the first respondent to consider the representations of the petitioner dated 12.09.2023 and 03.10.2023 and pass orders in accordance with law, after providing opportunity to the petitioner as well as to the second respondent, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner shall send copy of the representations along with a copy of this order to the first respondent.

5. With the above directions, this Writ Petition is disposed. There shall be no order as to costs.

[D.K.K., J.] [R.V., J.] 22.01.2024 Index :

Yes / No vsm

To The Commissioner, Madurai Corporation, Annamaligai, Madurai - 625 002.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm W.P.(MD)No.1100 of 2024 22.01.2024