A.Sulaiman (Oottai Vali) v. A.Syed Ali Fathima

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.M.P.(MD)No.19156 of 2024 in REV.APLW(MD)SRNo.66869 of 2024 and REV.APLW(MD)SRNo.66869 of 2024 A.Sulaiman (Oottai Vali) ... Petitioner in both cases -vs1.A.Syed Ali Fathima 2.The Commissioner, Aruppukottai Municipality, Aruppukottai Town.

3.Town Planning Officer, Aruppukottai Municipality, Aruppukottai Town.

... Respondents in both cases Prayer : This Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 137 days in preferring the above Review Application.

Prayer: This Review Application is filed under Section 114 and Order 47 Rule 1 CPC to review the order passed by this Court in W.P.(MD)No. 20227 of 2023, dated 26.03.2024.

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For Petitioner :Mr.A.R.Kannappan For R2 and R3 :Mr.J.Ashok Additional Government Pleader *****

ORDER

J. NISHA BANU, J, R.VIJAYAKUMAR, J.

The Review Applicant is the third respondent in the writ petition. This review has been filed along with WMP.(MD).No.19156 of 2024 praying to condone the delay of 137 days in preferring the Review.

2. We perused the grounds taken in the Review Application and also heard the submissions of the learned counsel for review applicant.

3. The order passed in W.P.(MD).No.20227 of 2023 would go to show that for removal of unauthorized construction, the respondent Municipality was directed to take necessary action. The grounds taken by the Review applicant is that the allegation made against him in the writ petition is utter false and in the property purchased by him through registered sale deed, the review applicant has constructed within the area 2/4

and the vital facts have not been brought to the court and therefore, seeks review of the order dated 26.03.2024.

4. The order in review would state that after proper verification of the actual status of the building, if there is deviation and unauthorized construction is found, the same have to be removed. The order also speaks about High Level Monitoring Committee issued by Government the G.O.(2D).No.35, Municipal Administration and Water Supply (M.A. 1 Department, dated 01.03.2024 and therefore, the Committee shall monitor the inspection of the unauthorized buildings.

5. In such circumstances, W.M.P.(MD).No.4898 of 2025 filed for condonation of delay is not tenable and we do not find any merit in the Review application. Accordingly, the WMP.(MD).No.19156 of 2024 is dismissed Consequently, Review SR is rejected. No costs. (J.N.B., J.) (R.V., J.) 03.04.2025 Index : Yes / No NCC : Yes / No 3/4

J. NISHA BANU, J.

R.VIJAYAKUMAR , J.

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