Muthumari v. The Director Of District Town And Country Planning Office

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.13951 of 2023 Tmt.Muthumari ... Petitioner vs.

1. The Director of District Town and Country Planning Office, Sector VI, Anayur, Mudakkathan Main Road, Koodalpudur, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

3. The Commissioner, Madurai Municipal Corporation, Aringar Anna Mailgai, Madurai.

4. Thenmozhi

5. Kannan ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the illegal/unauthorized construction put by the respondents 4 and 5 without following the procedure contemplated

under the Madurai City Municipal Corporation Act, 1971, and Tamil Nadu Town and Country Planning Act, 1971 and Tamil Nadu Town and Country Planning (Removal of Unauthorized Development) Rules 2022, within the time stipulated by this Court.

For Petitioner : Mr.AL.Kannan For R1 & R2 : Mr.J.Ashok Additional Government Pleader For R3 : Mr.K.Sivabalan, Standing Counsel

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.AL.Kannan, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.K.Sivabalan, learned Standing Counsel appearing for the 3rd respondent. 2.

The petitioner alleges unauthorised construction on the part of the respondents 4 and 5.

3.

The learned Standing Counsel appearing for the Corporation, on instructions, submits that after having noticed unauthorised construction, the Corporation has issued a stop work notice and has also locked and sealed the premises and further steps are undertaken.

4.

In view of the statement made by the learned Standing Counsel for the Corporation, the Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed. [S.V.G., C.J.] [C.K., J.] 30.08.2023 Index : Yes / No bala To

1. The Director of District Town and Country Planning Office, Sector VI, Anayur, Mudakkathan Main Road, Koodalpudur, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

3. The Commissioner, Madurai Municipal Corporation, Aringar Anna Mailgai, Madurai.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

bala 30.08.2023