Siraj Nisha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.9069 of 2025 Siraj Nisha ... Petitioner vs.
1.The District Collector, Madurai District, Madurai.
2.The Commissioner, Madurai Corporation, Madurai.
3.The Member / Secretary, District Town and Country Planning, Madurai District, Madurai.
4.Syed Ali Fathima ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to 1/6
take immediate legal action against the ongoing unauthorized construction made by the fourth respondent in the form of residential house building without any building plan approval in the Government land situated in T.S.No.1962, Ward No.3, Block - 14, South Perumal Mesthri Veethi, Mohaideen Andavar 2nd lane, Melmadurai, Madurai West, Madurai Corporation, Madurai on the basis of the petitioner's representation dated 20.04.2025 within a reasonable time to be determined by this Court.
For Petitioner : Mr.P.Suresh For RR 1 & 3 : Mr.M.Sarangan Additional Government Pleader For R - 2 : M/s.S.Devasena
ORDER
(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. Considering the limited relief sought for by the petitioner, notice to the fourth respondent is dispensed with. 2.The grievance of the petitioner is that her representation dated 20.04.2025, seeking to take immediate legal action against the ongoing 2/6
unauthorized construction made by the fourth respondent in the form of residential house building without any building plan approval in the Government land situated in T.S.No.1962, Ward No.3, Block - 14, South Perumal Mesthri Veethi, Mohaideen Andavar 2nd lane, Melmadurai, Madurai West, Madurai Corporation, Madurai, has been kept pending without any progress. Hence, she has filed this Writ Petition seeking the aforesaid relief. 3.The learned Additional Government Pleader appearing for respondents 1 & 3 and the learned counsel appearing for the second respondent submit that the representation of the petitioner will be considered and appropriate orders will be passed on its own merits within a time frame stipulated by this Court.
4.Considering the limited scope of the relief sought for by the petitioner and without expressing any opinion on the merits of the petitioner's claim either in the representation or in the affidavit filed in support of this Writ Petition, we direct the respondents 1 to 3 to consider the representation of the petitioner dated 20.04.2025, after affording sufficient opportunity of personal 3/6
hearing to both the petitioner and the fourth respondent and to pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[J.N.B.,J.] & [S.S.Y.,J.] 28.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps Note: Registry is directed to mark a copy of this order to the private respondents.
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To 1.The District Collector, Madurai District, Madurai.
2.The Commissioner, Madurai Corporation, Madurai.
3.The Member / Secretary, District Town and Country Planning, Madurai District, Madurai.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 28.04.2025 6/6