Rubel Jain v. The Assistant Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD).No.9129 of 2025 1.Rubel Jain 2.Shilpa Jain ... Petitioners Vs.
The Assistant Commissioner, Madurai Corporation, Madurai.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records relating with the impugned notice dated 27.03.2025 in Notice No.Z2 E1/005623/2023 on the file of the respondent and quash the same as illegal and consequently directing the respondent to accept and pass orders on the explanations already submitted. For Petitioners : Mr.G.Hariharan For Respondent : Mr.K.K.Kannan Standing Counsel
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) Notice of inspection dated 27.03.2025 issued by the City Planner, Madurai Corporation is under challenge in the present Writ Petition.
2. No Writ against such nature of notice is maintainable unless it has been issued by an incompetent authority having no jurisdiction or tainted with allegations of malafides.
3. The learned counsel for the petitioners would submit that an explanation along with the documents was already furnished to the authorities and therefore, no further inspection is required.
4. Such a contention deserves no merit consideration since conducting the inspection is of paramount importance to ascertain the status of the property and the genuinity of the allegations made against the writ petitioners. Thus, the inspection to be conducted cannot be obstructed and the petitioners are directed to co-operate for an inspection with the authorities enabling them to conclude the same and initiate appropriate actions under relevant provisions of law, if required.
5. With the above observations, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(S.M.S.,J.) (G.A.M.,J.) 13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To The Assistant Commissioner, Madurai Corporation, Madurai.
S.M.SUBRAMANIAM,J.
and G.ARUL MURUGAN,J.
Lm 13.06.2025