Murugan M v. The Commissioner

W.P(MD)No.23144 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.23144 of 2021 M.Murugan ... Petitioner vs.

1) The Commissioner, Aruppukottai Municipality, Pandalgudi road, Aruppukottai, Virudhunagar District.

2) T.Selvam ... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 07.10.2021 and take appropriate steps for removal of the unauthorised construction made by 2nd respondent at land comprised in Survey No.23/1, T.S.No.9/1A4, Ward E, Block G, situated at MDR Nagar, North 5th street, Aruppukkottai, Virudhunagar District.

For Petitioner : Mr.A.Jeyaram For R1 : Mr.N.Dilipkumar, Standing Counsel

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 07.10.2021 and take appropriate steps for removal of the unauthorised construction made by 2nd respondent in the land comprised in Survey No.23/1, T.S.No.9/1A4, Ward E, Block G, situated at MDR Nagar, North 5th street, Aruppukkottai, Virudhunagar District.

2.

The learned standing counsel appearing for the 1st respondent would submit that though the 2nd respondent had obtained a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.23144 of 2021 building permission and approval, he has constructed in excess of the permission granted.

3.

The 2nd respondent is not before us. As the prayer in the writ petition is very limited, we direct the 1st respondent to consider the representation of the petitioner dated 07.10.2021, by affording an opportunity of personal hearing to the petitioner and also issue notice to the 2nd respondent, give him also an opportunity of personal hearing and then pass appropriate orders in the manner known to law. The abovesaid exercise should be completed within a period of six weeks from the date of receipt of a copy of this order.

4.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To The Commissioner, Aruppukottai Municipality, Pandalgudi road, Aruppukottai, Virudhunagar District.

+1 CC to M/s.A.JEYARAM, Advocate ( SR-30[F] dated 03/01/2022 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-503[F] dated 05/01/2022 ) W.P(MD)No.23144 of 2021 DATED : 03.01.2022 RK(10/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2