S. Purushothaman v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.6491 & 6492 of 2025 and W.M.P.(MD)Nos.4777, 4778, 4784 & 4786 of 2025 S.Purushothaman ... Petitioner in W.P.(MD)No.6491 of 2025 C.Godwin ... Petitioner in W.P.(MD)No.6492 of 2025 -Vs1.The Commissioner, Madurai Corporation, Anna Maligai, Madurai-2.

2.The Executive Engineer, Madurai Electricity Distribution System, K.Pudur, Madurai-7.

3.Chitra Devi ... Respondents in both W.Ps.

COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to enforce the notice file bearing No.M122/6612/24, dated 23.01.2025 issued against the 3rd respondent.

For Petitioner : Mr.C.Godwin For R1 : Mr.P.Anbunidhi, Standing Counsel For R2 : Mr.S.Deenadhayalan, Standing Counsel (in both W.Ps.) COMMON ORDER [Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.

2.It is the case of the petitioners that the 3rd respondent is the adjacent owner of the petitioners. She deviated the building plan permission obtained from the 1st respondent. Therefore, the petitioners have made representations to the 1st respondent. Based on the same, the 1st respondent issued notice to the 3rd respondent to remove the area constructed by violating the approved plan. However, the 3rd respondent is proceeding with the construction. Therefore, the petitioners have filed these Writ Petitions.

3.The learned counsel appearing for the petitioners would submit that based on the representations submitted by the petitioners, though the 1st respondent issued notice to the 3rd respondent, thereafter, the 1st respondent has not acted upon the notice and no finality has been reached in this matter. 4.Considering the nature of order proposed to be passed in these petitions, notice to the 3rd respondent is dispensed with. 5.In view of the above, these Writ Petitions are disposed of with a direction to the 1st respondent to proceed with the matter after giving sufficient opportunity of hearing to the petitioners and the 3rd 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.] 11.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the 3rd respondent.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva To The Commissioner, Madurai Corporation, Anna Maligai, Madurai-2.

W.P.(MD)Nos.6491 & 6492 of 2025 11.03.2025