P.Mookkan v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR P.Mookkan ... Petitioner -vs1.The Secretary Urban & Housing Department Secretariat, Chennai 2.The Commissioner Tiruchirappalli Municipal Corporation Tiruchirappalli 3.Assistant Commissioner Zone 1 Tiruchirappalli Municipal Corporation Tiruchirappalli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to consider the petitioner's representation dated 30.09.2024 and not to take any coercive steps till the disposal of the application in DTCP/Reg-113C/619/2021, on the file of the first respondent.

For Petitioner :

Mr.S.Venkatesh For Respondents :

Mr.A.Baskaran Additional Government Pleader for R1 Mr.R.Baskaran Standing Counsel for R2 & R3

O R D E R

This writ petition has been filed by the petitioner seeking a direction to the second respondent not to take any coercive steps till the disposal of the application in DTCP/Reg-113C/619/2021, on the file of the first respondent, by considering his representation dated 30.09.2024.

2. Today, when the matter is taken up for consideration, learned Standing Counsel appearing for the respondents 2 & 3 submitted that there is no steps taken by the respondents 2 & 3 for demolition of the structure belonging to the petitioner and it is only basing upon the apprehension, the petitioner has approached this Court. He would further submit that the respondent - Corporation issued a notice dated 19.09.2024 and have also received a reply from the petitioner on 30.09.2024 and appropriate action would be taken only after considering the petitioner's reply and as per the

directions issued by this Court in the order dated 06.09.2024 passed in W.P. (MD) Nos.2184 of 2015 and 23159 of 2022.

3. In the light of the said submission, this writ petition is disposed of with a direction to the respondents 2 & 3 not to take any coercive steps against the petitioner's building unless and until appropriate orders are passed pursuant to the notice bearing Na.Ka.No.9612/2016/F1(va.ku.a-1), dated 19.09.2024. No costs.

03.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Secretary, Urban & Housing Department, Secretariat, Chennai.

MUMMINENI SUDHEER KUMAR, J.

krk 03.02.2025