Shri Pommaiya Sami Shri Marakkammal Pangaligal Sangam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.17989 of 2024 Shri Pommaiya Sami Shri Marakkammal Pangaligal Sangam (Reg No.80/2022), Represented by its President, S.K.Rajendran, S/o.Kanthasamy, Melatelungar Theru, Vadukappatti, Periyakulam Taluk, Theni District.
...Petitioner
-Vs1.The District Collector, 2.The Superintendent of Police, 3.The Additional District Collector/Project Director, District Rural Development Department, 4.The Revenue Divisional Officer, 1/5
5.The Tahsildar, 6.S.R.S.Selvam 7.The Assistant Director, The Town and Country Planning Department, Madurai-625 017.
8.The Block Development Officer,
...Respondents
[7th and 8th respondents are impleded vide order dated 20.02.2025] PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 5 to initiate appropriate action to demolish the entire unauthorized constructions made by the sixth respondent in Survey No.233/2 and 233/1 at Poliyur Kanmakarai, Sathangudi Village, Thirumangalam Taluk, Madurai District based on the representation dated 20.08.2024 as per the Tamil Nadu Town and Country Planning Act, 1971 and Tamil Nadu Town and Country Planning (Removal of Unauthorized Construction) Rules, 2022 within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Rajamohan For R1 to R3 : Mr.S.S.Madhavan Additional Government Pleader 2/5
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The petitioner has filed this writ petition seeking to initiate appropriate action to demolish the entire unauthorized constructions made by the sixth respondent in Survey No.233/2 and 233/1 at Poliyur Kanmakarai, Sathangudi Village, Thirumangalam Taluk, Madurai District based on the representation dated 20.08.2024 under the provisions of the Act and Rules in force. 2.Today, when the writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the official respondents submits that the representation of the petitioner dated 20.08.2024 has been received and forwarded to the fifth and seventh respondents for taking necessary action. 3.In view of the above submission, the fifth respondent is directed forward the representation of the petitioner dated 20.08.
2024 to the eighth respondent/Block Development Officer, who is the competent authority to initiate action on the representation /complaint of the petitioner, if not already forwarded, forthwith. On receipt of the same, the eighth respondent is directed to conduct enquiry and pass orders on the representation of the petitioner dated 20.08.
after giving sufficient opportunity of hearing to all the parties concerned on merits and in accordance with law within a period of four [4] weeks from the date of receipt of a copy of this order.
4.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B.,J.) (S.S.Y.,J.) 20.02.2025 Index : Yes/No Internet : Yes/No ta To 1.The District Collector, 2.The Superintendent of Police, 3.The Additional District Collector/Project Director, District Rural Development Department, Madurai District. 4.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.
5.The Tahsildar, 6.The Block Development Officer, Thirumangalam Taluk, Madurai District.
4/5
J. NISHA BANU,J.
and S.SRIMATHY.
ta 20.02.2025 (2/2) 5/5