Madras High CourtWP(MD)/15433/2015disposed of

A.M.Mohamed Rasool v. The Commissioner

2023-07-21Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15433 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15433 of 2015

1. A.M.Mohamed Rasool

2. M.Mohammed Sarfudeen ... Petitioners Vs.

1. The Commissioner, Trichy City Corporation, Trichy.

2. The Assistant Commissioner, Ponmalai Division, Trichy City Corporation, Trichy.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to expeditiously consider the application of the petitioners dated 12.01.2015 seeking for plan approval in respect of the building raised by them New. T.S.No.81, Block 11, Ward J, K.Abishekapuram Village, Marsingpettai Road, Beemanagar, Tiruchirappalli and in the interregnum not to give effective note this issued by the 1st respondent in its proceedings in Na.Ka.No.F1/7768/2013 dated 21.09.2014. 1/4

2 W.P.(MD)NO.15433 OF 2015 For Petitioner : Ms.J.Maria Roseline For Respondents : Mr.R.Baskaran, Senior counsel, for M/s.R.B. Associates.

* * *

O R D E R

Heard the learned counsel on either side.

2. The petitioners are the owners of the petition-mentioned land. After getting approval from the concerned authorities, they had put up ground floor and first floor. It appears that permission was granted only for putting up the construction for residential purposes. It appears that there has been change of user. Thereafter, the petitioners had put up two more floors (second floor and third floor). The petitioner applied to the first respondent for regularising the construction.

3. The first respondent is directed to enquire into the matter and pass final order on merits and in accordance with law within a period of eight weeks from the date of receipt of a 2/4

3 W.P.(MD)NO.15433 OF 2015 copy of this order. This writ petition stands disposed of accordingly. The first respondent shall grant an opportunity of personal hearing to the petitioners before passing final order. No costs.

21.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Commissioner, Trichy City Corporation, Trichy.

2. The Assistant Commissioner, Ponmalai Division, Trichy City Corporation, Trichy.

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4 W.P.(MD)NO.15433 OF 2015 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15433 of 2015 21.07.2023 4/4