Madras High CourtWP(MD)/4386/2025disposed of

P.Murugan v. The Commissioner

2025-02-19Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.4386 of 2025 and W.M.P.(MD)No.3143 of 2025 1.P.Murugan 2.M.Shanthi ... Petitioners -Vs1.The Commissioner, Veerapandi Town Panchayat, Theni District.

2.V.K.Bhojan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relates to the order passed by the 1st respondent in Na.Ka.No.19/2023, dated 25.11.2024 and quash the same as it is arbitrary and illegal.

For Petitioners : Mr.R.Suriya Narayanan For R1 : Mrs.D.Farjana Ghoushia, Special Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The notice of the 1st respondent dated 25.11.2024, directing the petitioner to demolish the unauthorized construction put up in S.No.234/1A, situated at Mariammankoilpatti, Veerapandi, is under challenge in this Writ Petition.

3.Heard Mr.R.Suriya Narayanan, learned counsel for the petitioners and Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the 1st respondent and perused the materials available on record, particularly, the impugned order of the 1st respondent dated 25.11.2024. 4.On perusal, this Court is of the view that the impugned order is bereft of particulars as to the extent of the unauthorized construction. Therefore, on this ground, the same is liable to be set aside, accordingly, it is set aside. This Writ Petition is allowed with a direction to the 1st respondent to issue fresh notice to the

petitioner by mentioning the extent of the unauthorized construction, for which, the petitioners shall give his reply. On receipt of such reply, the 1st respondent is directed to pass appropriate orders on its own merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B., J.] & [S.S.Y., J.] 19.02.2025 (1⁄2) NCC : Yes / No Index : Yes / No Yuva To The Commissioner, Veerapandi Town Panchayat, Theni District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.4386 of 2025 19.02.2025 (1⁄2)