M/S Manish Marbles v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Manish Marbles, Opposite to MGR Bus Stand, Melur Main Road, Mattuthavani, Madurai, Rep. By its Proprietor Mr.Rajkumar Jain.

... Petitioner Vs.

1.The Commissioner, Madurai City Municipal Corporation, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Inspector of Police, Mattuthavani Police Station, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's application dated 22.01.2025 under Section 49 of Tamil Nadu Town and Country Planning Act, 1971. 1/4

For Petitioner : Mr.M.Dinesh Hari Sudarsan For 1st Respondent : Mr.S.Vinayax Standing Counsel For 2nd Respondent : Mr.T.Amjad Khan Government Advocate For 3rd Respondent : Mr.K.Gnanasekaran Government Advocate (Crl.)

ORDER

This Writ Petition is filed, to direct the 1st respondent to consider the petitioner's application dated 22.01.2025 under Section 49 of Tamil Nadu Town and Country Planning Act, 1971.

2.Heard the learned counsels on either sides and carefully perused the materials available on record.

3.When the matter was taken up for hearing, the learned counsel for the petitioner submitted that his application has already been considered and orders have been passed.

4.In view of the same, the petitioner is directed to invoke the appeal remedy, which is available to him under the said Act. The respondent Corporation is directed to consider the petitioner's application for interim prayer forthwith on the date of submission of the application itself for the 2/4

purpose of protecting the petitioner's right. The appeal should be filed on or before 12.02.2025.

5.Accordingly, this Writ Petition stands allowed. There shall be no order as to costs.

31.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn Note : Issue order copy on 10.02.2025.

To 1.The Commissioner, Madurai City Municipal Corporation, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Inspector of Police, Mattuthavani Police Station, Madurai.

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L.VICTORIA GOWRI, J.

Mrn 31.01.2025 4/4