Udhayakumar M v. The Corporation Of Madurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.4754 of 2023 M.Udhayakumar ... Petitioner Vs.

1.The Corporation of Madurai Rep by its Commissioner, Arignar Anna Maligai, Madurai - 625 002.

2.The Member Secretary Local Planning Authority, Corporation Building Complex, III Floor, Arignar Anna Maligai, Madurai - 625 002.

3.The Executive Engineer (Planning), The Corporation of Madurai, Arignar Anna Maligai, Madurai - 625 002.

4.S.Thirupathi 5.M.Selakari 6.G.Kannamma 7.V.Mohan 8.A.Ravichandran 9.P.Pon Ganesh 10.N.Vijaya 11.P.Boomi .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the unauthorized construction made by the respondent No.4 to 11 in S.No.29/3 Villangudi Bit II Village, Madurai North Taluk, Madurai District.

For Petitioner : Mr.S.Rajasekar for M/s.Lajapathi Roy & Associates For Respondents : Mr.P.Thilak Kumar - for R2 Government Pleader Mr.K.K.Kannan - for R1 & R3 Standing Counsel

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.S.Rajasekar, learned counsel for M/s.Lajapathi Roy & Associates for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the second respondent and Mr.K.K.Kannan, learned Standing Counsel appearing for the respondents 1 and 3.

2. According to the petitioner, the respondents 4 to 11 have carried out unauthorized construction.

3. The reply is filed by the second respondent affirming the above unauthorized construction.

4. The learned Standing Counsel for the respondent Corporation submits that effective steps would be undertaken by issuing appropriate notices to the persons carrying out unauthorized constructions in respect of the subject land.

5. In view of the said statement, no further orders are necessary to be passed. It is made clear that we are not deciding the rights of the parties.

6. The Writ Petition is disposed of.

No costs.

Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [C.K., J.] 31.08.2023 Index : Yes / No RM

To 1.The Corporation of Madurai Rep by its Commissioner, Arignar Anna Maligai, Madurai - 625 002.

2.The Member Secretary Local Planning Authority, Corporation Building Complex, III Floor, Arignar Anna Maligai, Madurai - 625 002.

3.The Executive Engineer (Planning), The Corporation of Madurai, Arignar Anna Maligai, Madurai - 625 002.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

RM 31.08.2023