D. Babu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.6260 of 2025 and W.M.P.(MD)No.4610 of 2025 D.Babu ... Petitioner -VsThe Commissioner, Madurai Corporation, Madurai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent from making any construction in the Open Space Reservation (OSR) in the approved layout made in R.S.No.233/1, 2, 3 and 5 in Madakulam Village, now situated in Thamirabarani Street in Velmurugan Nagar in Madurai Corporation Ward-20. For Petitioner : Mr.R.Suriya Narayanan For Respondent : Mr.S.Vinayak, Standing Counsel

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.It is the grievance of the petitioner that his representation dated 28.02.2025 not to make any construction in the Open Space Reservation (OSR) in the approved layout made in R.S.No.233/1, 2, 3 and 5 in Madakulam Village, now situated in Thamirabarani Street in Velmurugan Nagar in Madurai Corporation Ward-20, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.Mr.S.Vinayak, learned Standing Counsel, who takes notice on behalf of the respondent, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

4.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this

Writ Petition, we direct the respondent to consider the representation of the petitioner dated 28.02.2025, after giving sufficient opportunity of hearing to all the parties concerned and pass appropriate orders on merits and in accordance with law within a period of four [4] weeks from the date of receipt of a copy of this order. Till the representation of the petitioner is disposed of, the respondent is directed not to take any coercive action.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 07.03.2025 NCC : Yes / No Index : Yes / No Yuva To The Commissioner, Madurai Corporation, Madurai.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.6260 of 2025 07.03.2025