J.C.Residency Private Limited Company v. The Madurai Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)Nos.11815, 11816 & 11818 of 2024 and 6786 of 2025 J.C.Residency Private Limited Company, Represented by its Managing Director, C.Jeyapaul.

... Petitioner vs.

The Madurai Corporation, Represented by the Commissioner, Aringar Anna Maligai, Madurai District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned notice in Na.Ka.No.Mathi2/021302/2019 dated 05.06.2024 on the file of the respondent and quash the same as illegal. 1/6

For Petitioner : Mr.T.Lajapathi Roy Senior Counsel for Mr.M.Mahaboob Fazil For Respondent : Mrs.S.Devasena

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice, dated 05.06.2024, issued by the Commissioner, Madurai Corporation, for initiation of enforcement action against the unauthorized construction, is under challenge in the present writ proceedings.

2.The learned senior counsel appearing for the petitioner would mainly contend that the issuance of Form I and Form II notices as contemplated under Section 56 of the Town and Country Planning Act, 1971, have not been followed. Thus, the respondent has violated the procedures as contemplated.

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3.It is needless to state that the authorities, while initiating enforcement action, are bound to follow the procedures as contemplated under the relevant statutes and the rules framed thereunder. 4.In view of the fact that before issuing the impugned notice, no opportunity was granted to the petitioner to produce the relevant documents, including building plan permissions, if any, this Court is inclined to treat the imputed notice as a show-cause, notice calling upon the petitioner to submit the relevant documents for consideration.

5.Accordingly, the petitioner is at liberty to submit all the documents in his possession including the building plan permission to the Commissioner, Madurai Corporation, who in turn shall scrutinize the same and conduct a field inspection thereafter and initiate all appropriate enforcement action, if any unauthorized constructions are identified, by following the procedures as contemplated under law. 3/6

6.With these observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [G.A.M.,J.] 26.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To The Commissioner, Represented by the Madurai Corporation, Aringar Anna Maligai, Madurai District.

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S.M.SUBRAMANIAM , J.

and G.ARUL MURUGAN , J.

ps ORDER MADE IN DATED : 26.08.2025 6/6