T. Sivaraman v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7759 of 2015 T.Sivaraman ... Petitioner Vs 1.The Commissioner, Madurai Corporation, Anna Maligai, Madurai.

2.S.Logamani ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to consider the petitioner representation dated 21.01.2015 and consequently direct the respondent to take appropriate legal action against the illegal construction made by the above said Logamani. For Petitioner : Mr.P.Thambidurai For R1 : Mr.R.Murali

ORDER

Heard the learned counsel on either side.

2.The petitioner is aggrieved by the manner in which the second respondent had put up her construction. In this regard, the petitioner gave a representation dated 24.09.2014 to the first respondent. The first respondent informed the petitioner that the Corporation had already issued notice under the relevant provisions of the Madurai City Municipal Corporation Act and taking action against the second respondent. Since nothing transpired thereafter, this writ petition came to be filed.

3.When the matter was taken up for hearing, it is seen that service on the second respondent is yet to be effected. However, in view of the nature of relief granted in this writ petition, notice to the second respondent is dispensed with.

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4.The first respondent is directed to take the follow up action based on the petitioner's representation dated 24.09.2014. It is made clear that the first respondent shall adhere to the principles of natural justice and relevant provisions of Madurai City Municipal Corporation Act, while taking action against the second respondent. 5.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS ) To The Commissioner, Madurai Corporation, Anna Maligai, Madurai.

+1 CC to M/s.P.THAMBI DURAI, Advocate in SR-56683 +1 CC to M/s.R.MURALI, Advocate in SR-56771 W.P.(MD)No.7759 of 2015 26.03.2019 pnn PK/15.04.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/