Selvaraj .R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) No.13343 of 2022 R.Selvaraj ... Petitioner -vs1.The Commissioner Tiruchirappalli City Corporation Cantonment, Trichy 2.The Assistant Commissioner Golden Rock Zone, Tiruchirappalli City Corporation Tiruchirappalli 3.Murugesan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to remove the unauthorized and illegal construction made by the 3rd respondent in Door No.40, North Street, Edamalapatty Pudur, Trichy as per the order passed in U.A.C.No.

68/16 dated 29.08.2016 within a time frame that may be stipulated by this Court. For Petitioners :

Mr.R.R.Kannan For Respondents :

Mr.R.Baskaran for R1 and R2 standing counsel Ms.J.Anandhavalli for R3

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.R.R.Kannan, learned counsel for the petitioner, Mr.R.Baskaran, learned counsel for the respondents 1 and 2 and the learned counsel for the respondent No.3.

2. The petitioner alleges unauthorized construction on the part of the respondent No.3.

3. It is also submitted by the learned counsel for the respondent No.2 that notice is issued under Section 56 of the Corporation Act. Order of demolition was also passed. However, the same is not yet implemented. The learned counsel

for the respondent No.2 submits that the respondent No.2 would commence the process against the unauthorized construction, if any, against the respondent No.3, within two months from today.

4. It is for the respondent No.3 to take appropriate steps with regard to the construction in the interregnum.

5. Relying upon the submission made by the respondent No.2 that effective steps would commence within eight weeks in accordance with law, we are not required to pass any orders in the writ petition. The writ petition as such stands disposed of. However, there is no order as to costs. [S.V.G., CJ.] [C.K., J.] 29.08.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Commissioner Tiruchirappalli City Corporation Cantonment, Trichy 2.The Assistant Commissioner Golden Rock Zone, Tiruchirappalli City Corporation Tiruchirappalli

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.13343 of 2022 29.08.2023