Madras High CourtWP(MD)/15678/2023disposed of

Vincentraja. I v. The Commissioner

2023-11-29Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).No.13155 of 2023 I.Vincentraja .. Petitioner Vs.

1.The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

2.SMT Lodge, Represented by its Owner, Arulselvi @ Selvi.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to take appropriate steps to demolish the unauthorised construction made by the 2nd respondent in Door No.9/274-6, 9/274-5, 9/274-2 and 9/274-4, Chinnakadai Street, Paramakudi, by considering the representation of the petitioner dated 22.06.2022 and reminder dated 20.03.2023.

For Petitioner : Mr.J.Anandkumar For R-1 : Mr.M.Kannan For R-2 : Mr.R.J.Karthick

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The relief sought for in the present Writ proceedings is to direct the first respondent to take appropriate steps to demolish the unauthorised construction made by the second respondent in Door Nos.9/274-6, 9/274-5, 9/274-2 and 9/274-4, Chinnakadai Street, Paramakudi, by considering the representation of the petitioner dated 22.06.2022 and reminder dated 20.03.2023.

2. With reference to the prayer sought for in the Writ proceedings, the status report filed by the first respondent reveals that action has already been initiated by issuing show cause notice under Section 56 and 57 of the Town and Country Planning Act, 1971 on 02.08.2023. In view of the fact that the authorities have initiated action and issued notice, the competent

authorities are directed to pursue the action in the manner contemplated under law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

3. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (V.L.N.,J.) 29.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 29.11.2023