Chelladurai v. The Director

1 W.P.(MD)NO.19737 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19737 of 2022 and W.M.P.(MD)Nos.14405 & 14406 of 2022 Chelladurai ... Petitioner Vs.

1 The Director, Municipal Administration, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

2 The Ombudsman, The Tamil Nadu Local Bodies Ombudsman, No.100, Anna Salai, Guindy, Chennai -32.

3 The Commissioner, Office of the Commissioner, Dindigul Corporation, Dindigul.

4 K.R.Kanchidurai ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in order No.32/Ma/2021 dated 27.09.2021 and quash the same as illegal and for other reliefs.

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2 W.P.(MD)NO.19737 OF 2022 For Petitioner : Mr.N.Balasubramanian For R-1 & R-2 : Mr.M.Prakash, Additional Government Pleader.

For R-3 : Mr.M.Thirunavukkarasu, Standing Counsel.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2 and the learned Standing counsel appearing for the third respondent.

2. The petitioner questions the impugned order passed by the second respondent on the ground that the second respondent did not have any jurisdiction to pass any adverse order against him. He would also point out that the writ petitioner was not a party to the proceedings before the Ombudsman. The petitioner is justified in his contention. However, as rightly pointed out by the learned Standing counsel, when the petitioner has put up an unauthorised construction even dehors the impugned order, the third 2/4

3 W.P.(MD)NO.19737 OF 2022 respondent can very well take action as per law. I sustain the contention of the learned Standing counsel.

3. This writ petition stands disposed of with the aforesaid observation. No costs. Consequently, connected miscellaneous petitions are closed.

25.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1 The Director, Municipal Administration, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

2 The Ombudsman, The Tamil Nadu Local Bodies Ombudsman, No.100, Anna Salai, Guindy, Chennai -32.

3 The Commissioner, Office of the Commissioner, Dindigul Corporation, Dindigul.

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4 W.P.(MD)NO.19737 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.19737 of 2022 25.08.2022 4/4