R.Selvarani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Selvarani ... Petitioner Vs.

1.The District Collector, Tiruchirappalli.

2.The Assistant Commissioner Zone-I, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

3.The Tahsildar, Srirangam Taluk, Tiruchirappalli.

4.The Assistant Executive Engineer (O&M), Tamil Nadu Electricity Board, Srirangam, Tiruchirappalli.

5.The Superintending Engineer, Office of the Superintending Engineer, (Highways), Trichy Circle.

6.B.Muthukumaran

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records in Na.Ka.No.F1/1632/2024, dated 11.04.2025 on the file of the 2nd respondent herein and to quash the same as arbitrary and illegal.

For Petitioner : Mr.S.Venkatesh For R1, R3 & R5 : Mr.V.OM.Prakash, Government Advocate

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued under Section 128(1B) & (2) of Tamil Nadu Urban Local Bodies Act, dated 11.04.2025 is under challenge in this Writ Petition. 2.The Writ Petition challenging the notice is not maintainable, unless such notice has been issued by the authority having no jurisdiction or tainted with the allegation of mala fide. In the present case, enforcement actions are initiated to remove the unauthorized construction. On receipt of the notice, the petitioner is expected to submit her explanation along with documents, if any, enabling the authority competent to consider the same and take a final decision and pass appropriate orders. Thus, the petitioner is at liberty to submit written explanation 2/4

to the authorities competent, who in turn, shall complete the entire enforcement actions and remove the unauthorized construction, if any identified, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3.With the above observation, this Writ Petition stands disposed of. No costs.

(S.M.S., J.) & (A.D.M.C., J.) 17.06.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Tiruchirappalli.

2.The Tahsildar, Srirangam Taluk, Tiruchirappalli.

3.The Superintending Engineer, Office of the Superintending Engineer, (Highways), Trichy Circle.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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