Syed Ahmed.M.A.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.A.S.Syed Ahmed ... Petitioner vs.

1 The District Collector, Tirunelveli.

2 The Commissioner, Tirunelveli Corporation, S.N.High Road, Tirunelveli.

3 The Assistant Commissioner, Melapalayam Ward Officer, Melapalayam Taluk, Tirunelveli.

4 The Executive Engineer, Tirunelveli Corporation, Tirunelveli.

5 M.A.S.Mohamed Ali 6 Kaja Kamaal ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action against the unauthorized construction made in D.No.63 Sappani Alim Mela Street, Melapalayam and D.No.98A, Kaithemilla Street, Melapalayam, Tirunelveli, by the respondents 5 and 6 respectively by considering the representation of the petitioner, dated 13.10.2023, within time frame fixed by this Honourable Court.

For Petitioner : Mr.H.Arumugam For R-1 to R-4 : Mr.S.P.Maharajan, Special Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action against the unauthorized construction made in D.No.63 Sappani Alim Mela Street, Melapalayam and D.No.98A, Kaithemilla Street, Melapalayam, Tirunelveli, by the respondents 5 and 6 respectively, by considering the representation of the petitioner, dated 13.10.2023, within a stipulated period.

2. The learned Special Government Pleader appearing for the fourth respondent/Corporation has stated before this Court the representation of the 2/5

petitioner will be considered and necessary action will be taken for removal of unauthorized construction.

3. In view of the above, we direct the fourth respondent/Corporation to consider the representation of the petitioner, dated 13.10.2023, on its own merits and pass appropriate orders for removal of unauthorized construction as per law, after providing opportunity to the parties concerned. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition stands disposed of. No Costs.

[D.K.K.,J.] [R.V.,J.] 13.03.2024 NCC : Yes / No Index : Yes / No PM 3/5

To:

1 The District Collector, Tirunelveli.

2 The Commissioner, Tirunelveli Corporation, S.N.High Road, Tirunelveli.

3 The Assistant Commissioner, Melapalayam Ward Officer, Melapalayam Taluk, Tirunelveli.

4 The Executive Engineer, Tirunelveli Corporation, Tirunelveli.

4/5

D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

PM ORDER MADE IN DATED : 13.03.2024 5/5