V.Alaguraja v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.6732 & 6733 of 2025 V.Alaguraja ... Petitioner Vs.
1. The District Collector, Madurai.
2. The Tahsildar, Madurai East Taluk, Madurai.
3. The Block Development Officer, Madurai East Panchayat Union, Madurai District.
4. S.Vinayagamani
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.2386/2023/Thi7 dated 27.03.2025 on the file of the Respondent 1/4
No.3 and quash the same as illegal and consequently for a direction, forbearing the Respondent No.1 to 3 from demolishing the basement constructed by the Petitioner in an extent of 7 cents in S.No.92/16 in Mangulam II Bit Village, Madurai East Taluk, Madurai District without following due process of law. For Petitioner : Mr.K.C.Maniyarasu for Mr.J.Pandi Dorai For Respondents : Mr.S.P.Maharajan (R1 & R2) Special Government Pleader Mr.S.S.Madhavan (R3) Additional Government Pleader Mr.K.Mahendran (R4)
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice dated 27.03.2025 issued by the Block Development Officer is under challenge in the writ petition.
2. The learned counsel appearing for the petitioner would mainly contend that no opportunity was granted to the petitioner to submit his explanation and to defend his case. The impugned notice was issued pursuant to the directions issued by this Court in WP(MD)No.23430 of 2023. This being the fact, stated by the 2/4
petitioner, the petitioner is granted ten days time for submitting his explanation along with documents, if any, to the Block Development Officer from today. On receipt of any explanation, the same may be considered by the Block Development Officer and decision is to be taken, if any unauthorized constructions are identified. After identification of unauthorized constructions, enforcement action must be continued and to be concluded, by following the procedures as contemplated under law, within a period of twelve weeks from the date of receipt of a copy of this order.
3. With these directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 10.06.2025 NCC : Yes / No Index : Yes / No Sm 3/4
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
Sm To:-
1. The District Collector, Madurai.
2. The Tahsildar, Madurai East Taluk, Madurai.
3. The Block Development Officer, Madurai East Panchayat Union, Madurai District.
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