Madras High CourtWP(MD)/23795/2019disposed of

N.K.Kumaran v. The Commissioner

2025-11-07Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA N.K.kumaran .. Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.M.Latha .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st respondent to consider and take necessary action on the petitioner's representation dated 26.09.2019 in accordance with law and rules within the time stipulated by this Court.

For Petitioner : M/s.R.Nithya Bharathi For R1 : Mrs.S.Devasena For R2 : M/s.P.Kalaiyarasi Bharathi

ORDER

This writ petition has been filed for the following relief: "To direct the 1st respondent to consider and take necessary action on the petitioner's representation dated 26.09.2019 in accordance with law and rules within the time stipulated by this Court."

2. This is a clandestine method to evict the tenant in possession of a small portion of the building. It is seen that the petitioner has demolished the remaining portion leaving behind only the portion in the occupation of the 2nd respondent. The relief claimed cannot be considered until the petitioner takes proper remedy to evict the 2nd respondent. It is also informed that the building plan approval which was granted is due to lapse. It is well open to the petitioner to submit a fresh plan leaving aside the property now in occupation of the 2nd respondent and on such submission, the 1st respondent shall consider the same and pass appropriate orders.

3. With the above observation, this Writ Petition stands disposed of. No costs.

07.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Commissioner, Madurai Corporation, Madurai.

P.T.ASHA, J.

gbg 07.11.2025