Manikam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024

CORAM:

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) No.11570 of 2024 A.Manickam ... Petitioner -vs1.The Commissioner Thoothukudi Corporation Thoothukudi 2.Member Secretary Local Planning Authority West Car Street, Thoothukudi 3.Chitra 4.Padmavathy 5.Kailasam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to initiate appropriate legal action, based on the representation given by the petitioner dated 04.06.2024, against the respondents 3 to 5 for the unauthorized and illegal

construction of building comprised in Door No.215, North Car Street, Thoothukudi, within the registration District of Tuticorin and Sub-Registration District of Tuticorin, without any approval and in gross violation of the Building Rules.

For Petitioner :

Mr.S.Kadarkarai For Respondents :

Mr.N.Anandakumar Standing Counsel for R1 Mr.N.Satheesh Kumar Additional Government Pleader for R2

O R D E R

R.MAHADEVAN , A.C.J.

And G.R.SWAMINATHAN, J.

Heard the learned counsel for the petitioner, learned Standing Counsel for the first respondent and learned Additional Government Pleader for the second respondent.

2. Issuance of notice to the respondents 3 to 5 is dispensed with.

3. The petitioner alleges that the respondents 3 to 5 have put up unauthorized and illegal construction. He wants the same to be removed. The petitioner had already given a representation in this regard.

4. We direct the first respondent to take action on the petitioner's representation on merits and in accordance with law. We make it clear that the we have not gone into the merits of the matter. All the contentions and defence of the private respondents are left open. The first respondent shall put the private respondents and any other interested parties on notice before taking any adverse action. The authorities shall adhere to due process of law. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., A.C.J.] [G.R.S., J.] 19.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk / ias To:

The Member Secretary, Local Planning Authority, West Car Street, Thoothukudi.

R.MAHADEVAN , A.C.J.

and G.R.SWAMINATHAN, J.

krk / ias and W.M.P.(MD) No.11570 of 2024 19.06.2024