Mohammed Gani v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Mohammed Gani : Petitioner Vs.

1.The Executive Officer, Town Panchayat, Illupur Post & Taluk, Pudukkottai District.

2.Sibibullah : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to take appropriate action against the second respondent for the unlawful construction of first floor in S.F.No. 551/11 of Illupur Village, Pudukkottai District at once. For Petitioner : Mr.P.Ganapathi Subramanian For Respondent No.1 : Mr.S.P.Maharajan Special Government Pleader For Respondent No.2 : Ms.K.Abiya 1/5

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner seeks for a direction to the first respondent to take appropriate action against the second respondent for the unlawful construction of first floor in S.F.No.551/11 of Illupur Village, Pudukkottai District.

2.The petitioner alleges that the second respondent has constructed the first floor of the building in the property in question without getting proper approval from the first respondent. In this regard, the petitioner has sent a representation to the first respondent dated 28.03.2016. Since, the said representation remains unattended, the petitioner has preferred the present Writ Petition.

3.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 28.03.2016 and to take appropriate action for removal of the unauthorised construction, after providing opportunity to the parties concerned, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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4.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

[D.K.K.,J.] & [R.V.,J.] 27.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To The Executive Officer, Town Panchayat, Illupur Post & Taluk, Pudukkottai District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 27.03.2024 5/5