Vijayalakshmi R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR R.Vijayalakshmi ... Petitioner vs.

1.The Commissioner, Trichy Corporation, Trichy.

2.The Assistant Commissioner, Trichy Corporation, Srirengam, Trichy.

3.S.Vasantha Kumari ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take action against the third respondent and to stop the said unauthorized construction and to conduct an inspection particularly quality of the basement of the said unauthorized construction if it is found that the basement is very weak and not suitable for the present unauthorized construction based on the petitioner's representation dated 20.02.2023 within a stipulated time fixed by this Court. 1/5

For Petitioner : Mr.S.M.Mohan Gandhi For Respondent Nos.1 & 2 : Mr.R.Baskaran Standing Counsel for M/s.R.B.Law Associates

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Prayer in this Writ Petition is to direct the respondents 1 and 2 to take action against the third respondent and to stop the said unauthorized construction and to conduct an inspection particularly quality of the basement of the said unauthorized construction if it is found that the basement is very weak and not suitable for the present unauthorized construction based on the petitioner's representation dated 20.02.2023 within a stipulated time fixed by this Court. 2.According to the petitioner, the third respondent made constructions unauthorizedly in the subject land. Seeking to remove the said unauthorized construction, she made a representation, dated 20.02.2023 to the respondents 1 and 2. Since the same has not been considered, the present Writ Petition has been filed.

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3.When the matter was taken up for hearing today, the learned Standing Counsel appearing for the respondents 1 and 2 would submit that stop work notice has been issued to the third respondent and the authority concerned will take necessary action for removal of the unauthorized construction in accordance with law.

4.Taking into consideration the facts and circumstances of the case, the first respondent is directed to take necessary action for removal of unauthorized construction made by the third respondent in the subject property in accordance with law, after providing due opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

[D.K.K.,J.] [R.V.,J.] 18.03.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The Commissioner, Trichy Corporation, Trichy.

2.The Assistant Commissioner, Trichy Corporation, Srirengam, Trichy.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 18.03.2024 5/5