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Madras High CourtWP(MD)/26395/2024disposed of

Arulmigu Aranganathaswamy Thirukovil v. Tiruchirappalli City Municipal Corporation

2024-10-30Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ and WMP(MD) No.22361 of 2024 Arulmigu Aranganathaswamy Thirukovil Rep. by its Executive Officer/Joint Commissioner Srirangam, Tiruchirappalli 6 ... Petitioner Vs

1. Tiruchirappalli City Municipal Corporation, Rep. by its Commissioner, Bharathidasan Salai, Cantonment, Tiruchirappalli 1.

2. The Assistant Commissioner, Srirangam Zone, Tiruchirappalli City Municipal Corporation, Gandhi Road, Srirangam, Tiruchirappalli.

3. Vickram Chettiar, S/o Sri Naachi, Srirangam, Tiruchirappalli 620 006.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of 1/4

India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to lock and seal the unauthorised construction put up by the 3rd respondent in T.S.No.1948/1, Ward A of Vellithirumutham Village, Srirangam or any other adjoining survey number and to remove the unauthorised constructions by following the due procedure under law. For Petitioner : Mr.M.P.Senthil For Respondent : Mr.R.Baskaran Senior counsel for R1 and R2

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) The prayer as quoted above seeks a limited relief.

2. Mr.R.Baskaran, learned Senior Counsel, states that he shall immediately advise the Corporation to act on the representation and take urgent steps under notice to the parties concerned.

3. We have also noted that in an order dated 13.08.2024 passed by this Court in a batch of writ petitions, one of which is WP(MD) No. 3940/2020, this Court had also directed the authorities to go slow on the aspect of planning approval, since a title dispute is pending. We are not sure whether the land in question in this petition is the same land, 2/4

which was in issue in the said writ petition. But, nevertheless, we direct the Corporation to forthwith act on the representation made by petitioner, which would mean before the end of this week.

4. In view of the submission made by the learned Senior counsel and the direction given by us, counsel for petitioner states the petition may be disposed of with liberty to file such fresh petition, if advised.

5. Petition is ordered accordingly. There shall be no order as to cost. Consequently interim application stands closed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 30.10.2024 NCC : Yes/No Index : Yes/No RR THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

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RR

ORDER

IN WP(MD) No.26395 of 2024 Date : 30/10/2024 4/4