Mayilsamy R v. The Director Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Mayilsamy ... Petitioner vs.

1.The Director of Municipal Administration, No.75, Urban Administrative Buildings, Santhom High Road, MRC Nagar, Chennai - 28.

2.The Commissioner / Member - Convenor, District High Level Monitoring Committee, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam, Madurai - 625 002.

3.The Member Secretary / The Assistant Director, Town Planning Country, Sector 6, Anaiyur, Koodalpudur - Anaiyur, Madurai - 625 017.

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4.The Assistant Commissioner, Zone 3 (Central), Madurai Corporation Office, Mela Mart Street, Madurai - 625 001.

5.P.Vasumalai, Executive Director, Sugam Specialty Hospital, 99/47, Barathidasan Road, (TB Road), Madurai - 625 016.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents No.1 to 4 herein to lock and seal and remove/demolish the unauthorized construction and building violation made by the fifth respondent under the provisions of the Tamil Nadu Town and Country Planning Act, 1971 as per direction of the Tamil Nadu Local Body Ombudsmen, Chennai in KiwaPl;L kD vz;.137/kh/2023 dated 30.12.2024.

For Petitioner : Mr.J.M.Arvind Pawlraj For RR 1 & 3 : Mr.P.Thilak Kumar Government Pleader For RR 2 & 4 : Mr.K.K.Kannan Standing Counsel For R - 5 : Mr.K.Mondela Anand 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 4 to lock, seal and remove/demolish the unauthorized construction and building violations committed by the fifth respondent under the provisions of the Tamil Nadu Town and Country Planning Act, 1971 in accordance with directions issued by the Tamil Nadu Local Body Ombudsmen, Chennai dated 30.12.2024.

2.Pursuant to the interim directions issued by this Court, the Assistant Commissioner of the Madurai Corporation conducted an inspection and survey. The unauthorized constructions have been identified by the authorities of the Madurai Corporation. 3/6

3.The learned Standing Counsel appearing for the respondents 2 and 4/Corporation submitted that a notice has already been issued to the occupant of the building.

4.The learned counsel appearing for the fifth respondent submitted that explanations have already been submitted in response to the notice.

5.In view of the submissions made by the learned respective counsels appearing on behalf of the parties, the authorities of the Madurai Corporation are directed to consider the explanations, if any, submitted by the fifth respondent, verify the documents, if any, submitted and take a final decision and proceed with the enforcement actions for removal of unauthorized constructions. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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6.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Director of Municipal Administration, No.75, Urban Administrative Buildings, Santhom High Road, MRC Nagar, Chennai - 28.

2.The Commissioner / Member - Convenor, District High Level Monitoring Committee, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam, Madurai - 625 002. 3.The Member Secretary / The Assistant Director, Town Planning Country, Sector 6, Anaiyur, Koodalpudur - Anaiyur, Madurai - 625 017.

4.The Assistant Commissioner, Zone 3 (Central), Madurai Corporation Office, Mela Mart Street, Madurai - 625 001.

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S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 04.08.2025 6/6