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Madras High CourtWP(MD)/8033/2020disposed of

S.Ferdin Rayan v. The State Of Tamil Nadu

2025-07-18Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P(MD)No.8033 of 2020 S.Ferdin Rayan ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Housing and Urban Development, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Municipal Administration, Ezhilagam Annex, 6th Floor, Kamarajar Salai, Chepauk, Chennai.

3.The Director, The Town and Country Planning Dept., No. 807, Annasalai, Chennai.

4.The District Collector, Tirunelveli District, Tirunelveli.

5.The Commissioner, Tirunelveli Corporation, Tirunelveli.

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6.The Member Secretary, Tirunelveli Local Planning Authority, Town and Country Planning Dept., Tirunelveli.

7. J. Vinoth Kumar Philip ... Respondents PRAYER:- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to grant future time of 12 weeks to complete the removal of the unauthorized portion of the building as per the notice of Local Planning Authority , Tirunelveli issued in Na.Ka. No. 1733/TiLl.MA 3 dated 10.06.2025 and also direction issued by this Honble court in WP(MD) No.8033/2020 dated 18.07.2025. For Petitioner : Mr.G.Mohankumar For R1 to R4 & R6 : Mr.J.Ashok Additional Government Pleader For R5 : Mr.A.Sivanu Pandian For R7 : Mr.M.Masuttu Ali

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The matter has been listed today under the caption 'for reporting compliance'. By order dated 09.12.2025 in WMP(MD)No. 27192 of 2025, this Court has issued the following direction: ''6.Considering the reasons submitted by the building owner for extension of time and the process initiated by the Commissioner of Tirunelveli Corporation for removal of unauthorized construction, we are of the view that the 2/4

petitioner/building owner has to remove the unauthorized portion of the building within a period of three weeks from today (15.04.2026), failing which the Corporation should remove the same within a period of seven days therefrom. 7.In the meanwhile, the Corporation shall proceed the process of inviting tender from the contractor for carrying out the demolition work.

8.List on 09.01.2026.''

2. Today, the 7th respondent in the writ petition has filed a memo stating that pursuant to the abovesaid order, the 6th respondent / Tirunelveli Corporation invited tenders and the tenderer has completed the demolition work of unauthorized building put up by the 7th respondent in full. Learned counsel for the writ petitioner also has not disputed the same. The expenses if any spent by the Corporation shall be paid by the 7th respondent. On such payment, possession of the building shall be handed over to the 7th respondent immediately. [N.S.K., J.] & [P.B.B., J.] 15.04.2026 bala 3/4

N.SATHISH KUMAR, J.

AND P.B.BALAJI, J.

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