M.Karuthapandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.10846 of 2025 M.Karuthapandi ... Petitioner vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai.

2.The District Collector, Tirunelveli.

3.The Assistant Director of Town Panchayat, 4.The Executive Officer, Special Grade Town Panchayat, Tisaiyanvilai, 1/6

5.Divisional Engineer, Highways Department, 6.Anran Michael Edward ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent Nos.2 to 4 to demolish the unauthorized ongoing illegal commercial building in Sy.No.993/13, Tisaiyanvilai Village, Tirunelveli District for violating the mandatory 3 meter of front set back on a 40 feet wide public road. For Petitioner : Mr.R.Balakrishnan For RR 1 to 5 : Mr.K.R.Badrus Zaman for R.1 to R.5

ORDER

(Order of the Court was made by S.SRIMATHY, 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 sixth respondent is dispensed with. 2.The grievance of the petitioner is that his representation dated 19.04.2025, seeking to demolish the unauthorized ongoing illegal commercial building in Sy.No.993/13, Tisaiyanvilai Village, Tirunelveli District for violating 2/6

the mandatory 3 meter of front set back on a 40 feet wide public road, has been kept pending without any progress. Hence, the petitioner has filed this Writ Petition seeking the aforesaid relief.

3.The learned Government Advocate appearing for respondents 1 to 5 submits 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 2 to 4 to consider the representation of the petitioner dated 19.04.2025, after issuing notice to the petitioner and the sixth respondent and also affording sufficient opportunity of personal hearing to the petitioner and the sixth respondent and 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.

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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.

[S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Principal Secretary to Government, Represented by the State of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St.George, Chennai.

2.The District Collector, Tirunelveli.

3.The Assistant Director of Town Panchayat, 4.The Executive Officer, Special Grade Town Panchayat, Tisaiyanvilai, 5.Divisional Engineer, Highways Department, 5/6

S.SRIMATHY , J.

and R.VIJAYAKUMAR, J.

ps ORDER MADE IN DATED : 21.05.2025 6/6