Muthukumar .S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.7625 of 2024 S.Muthukumar

...Petitioner

-Vs1.The District Collector, District Collector's Office, Madurai.

2.The Commissioner, Madurai Corporation, O/o.the Madurai Corporation, Madurai.

3.The Chairman, Local Planning Authority, Madurai Corporation, Madurai Corporation Office Complex, Madurai.

4.The Managing Director, Asirvatham Speciality Hospital, 22, Rajaji Street, Gandhi Nagar, Shenoy Nagar, Madurai-625 020.

5.Jeba Singh 6.Helan Jeba Singh

...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to take action against the respondents 4 to 6 and remove the unauthorized construction made by the respondents 4 to 6 on the basis of the petitioner's representation dated 09.03.2024 within a time frame fixed by this Court. For Petitioner : Mr.K.Neelamegam For R1 : Mr.S.S.Madhavan Additional Government Pleader For R2 : Mr.S.Vinayak For R3 : Mr.AR Sethupathy For R4 to R6 : Mr.S.Ramsundar Vijayaraj

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The petitioner has filed this writ petition seeking a direction to the respondents 1 to 3 to remove the unauthorized construction made by the respondents 4 to 6 and take action against them on the basis of the petitioner's representation dated 09.03.2024 within a time frame fixed by this Court. 2.The learned Additional Government Pleader appearing for the first respondent submitted that by considering the representation submitted by the petitioner, notice of enquiry has been served on the petitioner as well as the respondents 4 to 6 and the enquiry is under progress. 2/5

3.In view of the above submission, 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 the Writ Petition, we direct the respondents 1 to 3 to complete the process of enquiry on the representation of the petitioner dated 09.03.2024 by giving an opportunity of hearing to the petitioner as well as the respondents 4 to 6 and pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. The petitioner and the private respondents are also directed to cooperate with the enquiry.

4.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.) 27.02.2025 Index : Yes/No Internet : Yes/No ta 3/5

To 1.The District Collector, District Collector's Office, Madurai.

2.The Commissioner, Madurai Corporation, O/o.the Madurai Corporation, Madurai.

3.The Chairman, Local Planning Authority, Madurai Corporation, Madurai Corporation.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 27.02.2025 5/5