A.Tamilraj v. The District/ Chairperson
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.6153 of 2025 and W.M.P.(MD)Nos.4515 & 4516 of 2025 A.Tamilraj ... Petitioner -Vs1.The District Chairperson, High Level Monitoring Committee, Municipal Administration and Water Supply (MA.1) Department, 2.The District Collector, Thoothukudi District, Thoothukudi.
3.The Deputy Director, Town and Country Planning, District Town and Country Planning Authority, 106J-37, Millerpuram, 2nd Street, Thoothukudi-628008.
4.The Block Development Officer,
5.The Additional Block Development Officer, Special Officer, Mathavankuruchi Panchayat, 6.The Panchayat Secretary, Mathavankuruchi Village Panchayat, 7.K.Vijayalakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to take immediate legal action against the illegal, ongoing unauthorized construction in the form of residential house building by the 7th respondent in punja land situated in Survey No.223/2b2, Mathavankuruchi Village, Udangudi Panchayat Union, Thoothukudi District including the removal of the unauthorized development, viz., the superstructure in light of the petitioner's representation dated 21.02.2025 within a reasonable time to be determined by this Court.
For Petitioner : Mr.N.Dilip Kumar For R1 to R6 : 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.According to the petitioner, the 7th respondent, without obtaining building plan approval, is constructing a residential house in punja land situated in Survey No.223/2b2, Mathavankuruchi Village, Udangudi Panchayat Union, Thoothukudi District. Therefore, he made representations on 21.02.2025 and 02.03.2025 to the official respondents to take immediate legal action against the 7th respondent and remove the unauthorized construction. However, the petitioner's representations are kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 to 6, submits that based on the representation of the petitioner dated 21.02.
2025, the 4th respondent issued stop notice to the 7th respondent on 28.02.2025, directing the 7th respondent to stop the ongoing construction made in the land in question. A copy of the said notice dated 28.02.2025 is also placed before this Court. 4.Considering the nature of order proposed to be passed in this petition, notice to the 7th respondent is dispensed with.
5.In view of the above, this Writ Petition is disposed of with a direction to the official respondents to proceed with the matter after giving sufficient opportunity of hearing to the petitioner and the 7th respondent and bring the same into logical conclusion within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
[J.N.B., J.] & [S.S.Y., J.] 07.03.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Chairperson, High Level Monitoring Committee, Municipal Administration and Water Supply (MA.1) Department, 2.The District Collector, Thoothukudi District, Thoothukudi.
3.The Deputy Director, Town and Country Planning, District Town and Country Planning Authority, 106J-37, Millerpuram, 2nd Street, Thoothukudi-628008.
4.The Block Development Officer, 5.The Additional Block Development Officer, Special Officer, Mathavankuruchi Panchayat, 6.The Panchayat Secretary, Mathavankuruchi Village Panchayat, 7.K.Vijayalakshmi, W/o.Late. Kannan, 2/31, West Street, Thandavankadu Post, Mathavankuruchi Village Panchayat, Thiruchendur Taluk, Thoothukudi District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.6153 of 2025 07.03.2025