Duraisamy Chettiar.M v. The Director Of Town Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.19711 of 2020 M.Duraisamy Chettiar ... Petitioner -Vs1.The Director of Town Panchayat, Chennai.

2.The Assistant Director of Town Panchayat, Sivagangai, Sivagangai District.

3.The Executive Officer, Manamadurai Town Panchayat, Manamadurai, Sivagangai District.

4.Kanagaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to initiate actions against the unauthorized construction made by the 4th respondent in land bearing S.No. 34/32B, situated in Manamadurai Taluk, Sivagangai District in accordance to the Tamil Nadu District Municipalities Act, 1920 by considering the representation given by the petitioner dated 26.09.2020.

For Petitioner : Mr.G,.Prabhu Rajadurai For R1 to R3 : Mr.S.P.Maharajan, Special Government Pleader For R4 : No Appearance

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] According to the petitioner, he made a representation dated 26.09.2020 to the respondents 1 to 3, pointing out the unauthorized construction put up by the 4th respondent in S.No.34/32B, situated in Manamadurai Taluk, Sivagangai District. Since the same has not been considered so far, he has filed this Writ Petition.

2.Though notice served on the 4th respondent and the name is printed in the cause list, none appeared for the 4th respondent. 3.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the representation of the petitioner would be considered on its own merits and appropriate orders would be passed in accordance with law within a time frame stipulated by this Court.

4.Considering the facts and circumstances of the case, without going into the merits of the case, we are inclined to direct the 3rd respondent to consider the representation of the petitioner dated 26.09.2020 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Director of Town Panchayat, Chennai.

2.The Assistant Director of Town Panchayat, Sivagangai, Sivagangai District.

3.The Executive Officer, Manamadurai Town Panchayat, Manamadurai, Sivagangai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.19711 of 2020 26.03.2024