G. Meenakshi Sundaram v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.16549 of 2019 G.Meenakshi Sundaram ... Petitioner vs.

1.The Commissioner, Madurai Corporation, Madurai City.

2.Ashok Kumar 3.Baskaran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to forbear the ongoing unauthorized construction in Town Survey No.310 situate at North Perumal Mesthiri Veethi, Sellathamman Kovil Street, Madurai, without due process of law as per the Madurai City Municipal Corporation Act, 1971.

For Petitioner : Mr.J.Vijayaraja For Respondent No.1 : Mr.K.K.Kannan For Respondent No.2 : Mr.L.Shaji Chellan 1/6

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the first respondent to forbear the ongoing unauthorized construction in Town Survey No.310 situate at North Perumal Mesthiri Veethi, Sellathamman Kovil Street, Madurai, without due process of law as per the Madurai City Municipal Corporation Act, 1971. 2.When the matter was taken up for hearing today, the learned counsel appearing for the first respondent Corporation would submit that the respondents 2 and 3 have constructed unauthorized construction in the building in question and stop work notice has been issued by the first respondents to the respondents 2 and 3 on 04.09.2019 and the construction has been stopped.

3.At this juncture, it would be beneficial to refer the Judgment of the Division Bench of this Court in M.Rahamathunisha and others Vs. 2/6

Commissioner, Greater Chennai Corporation, Chennai and another reported in [2022 (6) CTC 145], wherein the Division Bench of this Court has held as follows:

'19.Applying the parameters laid down by this Court as well as the Hon'ble Supreme Court in the decisions mentioned supra to the present case, wherein, the petitioners sought an interim order forbearing the respondent authorities from taking coercive steps, so as to enable them to rectify and restore the subject building in consonance with the permissible planning rules and regulations, within a period of six months, this court is of the opinion that the practice of putting up an illegal construction and subsequently seek for regularisation or rectification should not be encouraged as it would give a wrong impression that a building can be unauthorisedly constructed and later, defects could be rectified.

In such cases, the plea for regularisation or rectification should not be entertained either as a matter of course or routine and it should be considered sparingly and reasonably. If it is shown that an unauthorised construction has been put up, it should be ordered to be demolished, thereby indicating a strong warning signal to the perpetrators of such offences.

with law. In many cases, they failed to do so promptly and appropriately; and the completion certificate issued by the authorities is, without proper verification of the actual status of the building, whether there is deviation / unauthorised construction.'

4.Further, in order to curb the unauthorized constructions, the Government has constituted a High Level Monitoring Committee and issued G.O(2D)No.15, Municipal Administration and Water Supply (MA.1) Department, dated 01.03.2024. As per the said Government Order, the Committee shall monitor the inspection of the unauthorized buildings. 5.Considering the facts and circumstances of the case and also considering the fact that the respondents 3 and 4 have constructed unauthorizedly in the building in question and stop work notice has been issued by the first respondent on 04.09.2019, we direct the first respondent Corporation to take necessary action for removal of the unauthorized construction in the building in question, in accordance with law, after giving notice to the parties concerned. The said exercise shall be completed within twelve weeks from the date of receipt of a copy of this order. 4/6

6.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 06.03.2024 NCC : Yes / No Index : Yes / No ps To The Commissioner, Madurai Corporation, Madurai City.

5/6

D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 06.03.2024 6/6