Ravichandran v. The Directorate Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.23095 and 23097 of 2024 Ravichandran ... Petitioner Vs.

1.The Directorate of Municipal Administration, No.73, Santhome High Road, MRC Nagar, R.A.Puram, Chennai - 600 028.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Commissioner, Srivilliputtur Municipality, Virudhunagar District.

4.H.Kumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records of the third respondent in his proceedings Ou.Mu.No.Ka.Ma.No.130/CP/24-25/0000681

dated 30.10.2024 and quash the same as illegal, arbitrary violation of law and further direct the third respondent to consider the building plan application dated 24.06.2024 on merits.

For Petitioner : Mr.M.Jothi Basu For R-1 & R-2 : Mr.S.R.A.Ramachandran Additional Government Pleader For R-3 : Mr.J.Parekh Kumar Standing Counsel

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The present Writ Petition is filed challenging the impugned order passed by the third respondent dated 30.10.2024 and further direct the third respondent to consider the building plan application dated 24.06.2024 on merits.

2. Under Section 133(10) of the Tamil Nadu Urban Local Bodies Act, 1998, an appeal lies against the order passed by the Commissioner of the Municipality.

3. The learned counsel for the petitioner would submit that they are willing to file an appeal against the order impugned in this Writ Petition, dated 30.10.2024.

4. In view of the above submission, without going into the merits of the grounds raised in the Writ Petition, the petitioner is granted liberty to file an appeal before the concerned Appellate Authority under Section 133(10) of the Tamil Nadu Urban Local Bodies Act, within a period of 30 days from the date of receipt of a copy of this order.

5. With the above liberty, this Writ Petition stands closed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(M.S.R.,J.) (A.D.M.C.,J.) 20.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Directorate of Municipal Administration, No.73, Santhome High Road, MRC Nagar, R.A.Puram, Chennai - 600 028.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Commissioner, Srivilliputtur Municipality, Virudhunagar District.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 20.11.2024