Rosario Jayaseelan v. Corporation Of Madurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Rosario Jayaseelan, S/o.Gnanaprakasam ... Petitioner -vs1.Corporation of Madurai, Represented by its Commissioner, Madurai.

2.The Town Planning Officer, Zone-3, Ward No.52, West Marret Street, Corporation of Madurai, Madurai.

3.The Member Secretary, Madurai Local Planning Authority, Madurai Corporation Building, Madurai.

4.Gnaneswaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take appropriate action to

remove the unauthorized construction at Door No.48, South Avani Moola Street, Madurai Town, Madurai, in the interest of the general public and to avoid any untoward incident.

For Petitioner : Mr.A.Mohamed Haneef For R1 and R2 : Mr.Vidya Sagar Standing Counsel For R3 : Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus, directing the respondents to take appropriate action to remove the unauthorized construction at Door No.48, South Avani Moola Street, Madurai Town, Madurai, in the interest of the general public and to avoid any untoward incident.''

2. Mr.Vidya Sagar, learned Standing Counsel appearing for the Madurai Corporation would submit that the present owner of the property in question namely, Door No.48, South Avani Moola Street, Madurai Town, Madurai, has purchased the property only three months ago along with the super

structure. He would also add that the present owner does not have the approved plan. Therefore, sometime has been granted to him to produce the approved plan. If he fails to produce the approved plan, suitable action will be taken under the relevant provisions of the Tamil Nadu Town and Country Planning Act, 1971.

3. Recording the said submission, this Writ Petition is disposed of with liberty to the petitioner to seek reopening of the Writ Petition, if no action is taken. No costs.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 12.09.2024 smn2

To:- 1.The Commissioner, Corporation of Madurai, Madurai.

2.The Town Planning Officer, Zone-3, Ward No.52, West Marret Street, Corporation of Madurai, Madurai.

3.The Member Secretary, Madurai Local Planning Authority, Madurai Corporation Building, Madurai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 12.09.2024