Rajagopal v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.4211 of 2025 and WMP(MD) No.3027 of 2025 Rajagopal ... Petitioner Vs

1. The Commissioner, Pattukottai Municipality, Pattukottai, Thanjavur District..

2. The Member Secretary, Town and Country Planning Authority, Thanjavur..

3. Nadimuthu ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 herein to take immediate action to stop the unauthorized construction being made by the 3rd respondent in T.S.No. 129 situated at Setti Street, Pattukottai, Thanjavur District on the basis of the petitioner representation dated 10.01.2025 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameelarasu For Respondents : Mrs.D.Farjana Ghoushia for R2 Special Government Pleader 1/4

Mr.S.Deenadayalan for R1

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed directing the respondents 1 and 2 herein to take immediate action to stop the unauthorized construction being made by the 3rd respondent in T.S.No.129 situated at Setti Street, Pattukottai, Thanjavur District on the basis of the petitioner representation dated 10.01.2025 within the time stipulated by this Court.

3. It is the case of the petitioner that the petitioner's property is situated in the aforesaid survey number. The third respondent's property is situated on the western side of the petitioner's property. However, without obtaining prior permission and approval, the 3rd respondent had demolished the old structure and constructing a new building. Hence, in order to take necessary action against the 3rd respondent, the petitioner 2/4

has sent a representation to the respondents 1 and 2 on 10.01.2025. Since the said representation has not been considered so far, the petitioner is before this Court with this writ petition.

4. We have heard the learned counsel for the petitioner and the learned counsel for the respondents.

5. Considering the facts and circumstances of the case and without going into the merits of the matter, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 10.01.2025, and pass suitable orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 25.03.2025 NCC : Yes/No Index : Yes/No RR 3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

RR To

2. The Member Secretary, Town and Country Planning Authority, Thanjavur..

ORDER

IN WP(MD) No.4211 of 2025 Date : 25/03/2025 4/4