Madras High CourtWP(MD)/16780/2019disposed of

P.Suresh Kumar v. The Commissioner

2023-12-19Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN P.Suresh Kumar ... Petitioner Vs.

1.The Commissioner, Theni Allinagaram Municipality, Periyakulam Road, Theni - 625 531.

2.The Commissioner, Commissionerate of Municipal Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

3.M.Balamurugan

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents No.1 and 2 to remove the unauthorized construction made by the 3rd respondent in Natham S.No 754/40, Rajaji Street, Bommayakkoundenpatti, Theni Allinagaram Municipality within a time frame to be fixed by this Court.

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For Petitioner : Mr.M.Senthil Kumar For Respondents : Mr.G.Kaleeswaran Standing Counsel for R1 Mr.M.Lingadurai Special Government Pleader for R2 Mr.G.Rajendran for R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the Writ Petition is to direct the respondents 1 and 2 to remove the unauthorized construction made by the 3rd respondent in Natham S.No 754/40, Rajaji Street, Bommayakkoundenpatti, Theni Allinagaram Municipality.

2. With reference to the relief sought for in the present Writ Petition, the learned Standing Counsel appearing on behalf of the first respondent Theni Allinagaram Municipality made a submission that the authorities will conduct field inspection to identify the unauthorized construction, if any, made and all further actions will be continued.

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3. In view of the said submissions, the first respondent is directed to conduct field inspection and initiate all further actions, if any unauthorized constructions are identified. All such actions are to be initiated by following the procedures and by affording opportunity to the parties concerned. The said exercise is directed to be completed within a period 12 weeks from the date of receipt of a copy of this order.

4. With the above said directions, the Writ Petition stands disposed of. No costs.

(S.M.S., J.) & (V.L.N., J.) 19.12.2023 NCC : Yes / No Index : Yes / No SJ To 1.The Commissioner, Commissionerate of Municipal Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

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S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 19.12.2023 4/4