M.Jabrullah v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Jabrullah ... Petitioner -vs1.The District Collector / Monitoring Committee Karur District, Karur 2.The Revenue Divisional Officer Karur District, Karur 3.The Tahsildar Pugalur Taluk Karur District 4.The Village Administrative Officer Thavitiupalayam Village Pugalur Taluk Karur District 5.The Block Development Officer Thavitiupalayam Village Pugalur Taluk, Karur District 6.Vijaya ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the official respondents 1 to 5 to remove the illegal construction of the sixth respondent in S.F.No.742/7, situated at Pugalur Taluk, Karur District, by considering the petitioner representation dated 10.03.2025.

For Petitioner :

Mr.S.Gokulraj For Respondents :

Mr.M.Sarangan Additional Government Pleader for R1 to R4 Mr.V.Balaji for R6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the official respondents 1 to 5 to remove the illegal construction of the sixth respondent in S.F.No.742/7, situated at Pugalur Taluk, Karur District, by considering the petitioner's representation dated 10.03.2025.

2. With reference to the allegation of unauthorized construction set out by the petitioner, learned Additional Government Pleader appearing for

the respondents 1 to 4, on instructions, would submit that inspection has already been conducted by the authorities concerned and the unauthorized constructions have been identified and thus, necessary actions will be initiated by following the procedures as contemplated in the act and rules to remove the unauthorized constructions.

3. Learned counsel appearing for the sixth respondent would submit that the application submitted by the sixth respondent seeking planning permission is pending with the authorities concerned. That apart, the petitioner has also made some unauthorized construction.

4. Mere pendency of an application seeking planning permission before the authorities concerned is insufficient and the constructions are to be made only after obtaining necessary permission from the competent authorities under the relevant act and rules. Therefore, in this case, unauthorised constructions appear to be apparent. Hence, the respondents 1 to 5 are directed to initiate enforcement actions and remove the unauthorized constructions made by either the sixth respondent or the petitioner, by following the procedures as contemplated under the relevant act and rules.

The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs.

[S.M.S., J.] [A.D.M.C., J.] 26.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector / Monitoring Committee, Karur District, Karur.

2.The Revenue Divisional Officer, Karur District, Karur.

3.The Tahsildar, Pugalur Taluk, Karur District.

4.The Village Administrative Officer, Thavitiupalayam Village, Pugalur Taluk, Karur District.

5.The Block Development Officer, Thavitiupalayam Village, Pugalur Taluk, Karur District.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 26.06.2025