Madras High CourtWP(MD)/19387/2014disposed of

G.V. Subramanian, v. Tirunelveli City Municipal

2023-01-06Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.19387 of 2014 1.G.V.Subramanian 2.M.Theshinamoorthy 3.M.Mukuntha 4.G.R.Radhakrishnan ... Petitioners /vs./ 1.Tirunelveli City Municipal Corporation, represented by its Commissioner, Swamy Nellaiyappar High Road, Tirunelveli 627 001.

2.The Assistant Commissioner, Palayamkottai Zone, Tirunelveli City Municipal Corporation, Palayamkottai 627 002, Tirunelveli District.

3.A.Malliga ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to take 1/4

necessary action on the representation dated 22.07.2014 and 22.09.2014 in the light of Section 295 and 296 of Coimbatore City Municipal Corporation Act against the 3rd respondent and to remove the unlawful constructions made by the 3rd respondent within a time frame fixed by this Court. For Petitioners : Mr.D.Srinivasaraghavan For R1 & R2 : No appearance For R3 : Mr.G.Prabhu Rajadurai

ORDER

The writ petition is seeking for a Mandamus to direct the respondents 1 and 2 herein to take necessary action on the representations of the petitioners dated 22.07.2014 and 22.09.2014, in the light of Sections 295 and 296 of Coimbatore City Municipal Corporation Act against the third respondent for his unlawful construction.

2.Without adverting to the averments made in this writ petition, considering the limited relief, the first respondent is directed to consider the representations of the petitioners dated 22.07.2014 and 22.09.2014 after affording an opportunity of hearing to the petitioners and the third respondent herein and pass appropriate 2/4

orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

3.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs.

Speaking : Yes / No 06.01.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/4

K.KUMARESH BABU, J.

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