R.Mayilsamy 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 District Collector/The Chairperson, District High Level Monitoring Committee, Collectorate Building, Madurai District, Madurai.

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

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

5.The Assistant Commissioner, Zone 2 (North), Madurai Corporation Office, K.Pudur, Madurai-625 007.

6.Balamurugan

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents No.1 to 5 herein to Lock and Seal and remove/Demolish the unauthorized construction and building violation made by the sixth respondent Complex Buildings namely Balamurugan Textile Shop & Complex, at R.S.No.204/1B, Door No.10/5-1A1, Ward No.1, Neruji Main Road, New Vilangudi, Madurai City under the provisions of the Tamilnadu Town and Country Planning Act, 1971 on the basis of the representation of the petitioner dated 10.08.2023.

For Petitioner : Mr.J.M.Arvind Pawlraj For R1, R2 & R4 : Mr.P.Thilakkumar Government Pleader For R3 & R5 : Mr.P.Anbunidhi For R6 : Mr.V.Kannan 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents No. 1 to 5 herein to Lock and Seal and remove/Demolish the unauthorized construction and building violation made by the sixth respondent Complex Buildings namely Balamurugan Textile Shop & Complex, at R.S.No.204/1B, Door No.10/5-1A1, Ward No.1, Neruji Main Road, New Vilangudi, Madurai City under the provisions of the Tamilnadu Town and Country Planning Act, 1971.

2. The Corporation Authorities, Madurai has conducted survey and identified the deviations in the constructions. Since building plan approval granted by the authorities are violated, enforcement actions are initiated as against the sixth respondent.

3. The learned Standing counsel appearing for the Madurai Corporation, on instructions, would submit that notice under Section 135 (4) of the Tamil Nadu Urban Local Bodies Act, 1998 was issued vide proceedings dated 18.07.2025. 3/6

4. The learned counsel appearing for the sixth respondent would submit that no opportunity was granted to the sixth respondent to submit his explanations.

5. In view of the said submission, the sixth respondent is at liberty to submit his explanations along with documents, if any, within a period of 10 days from today. On receipt of any such explanations, the Corporation authorities are directed to look into the said representation, take a final decision and continuing the enforcement actions. In respect of deviations if any identified, enforcement actions are directed to be completed within a period of twelve weeks thereafter.

6. With the above directions, the writ petition is disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 04.08.2025 NCC : Yes / No Index : Yes / No am 4/6

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

2.The District Collector/The Chairperson, District High Level Monitoring Committee, Collectorate Building, Madurai District, Madurai.

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

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

5.The Assistant Commissioner, Zone 2 (North), Madurai Corporation Office, K.Pudur, Madurai-625 007.

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S.M.SUBRAMANIAM, J.

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

am 04.08.2025 6/6