P.Muppudathi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.27225 of 2019 P.Muppudathi ... Petitioner -Vs1.The State of Tamil Nadu, Through its Principal Secretary, Housing and Urban Development Department, Chennai.
2.The Chairman, (The District Collector), Tamil Nadu Town and Country Planning Department, Tirunelveli.
3.The Assistant Director, Tamil Nadu Town and Country Planning Department, South Bye Pass Road, St.Xavier's Colony, Tirunelveli-5.
4.The Members Secretary, Tamil Nadu Town and Country Planning Department, South Bye Pass Road, St.Xavier's Colony, Tirunelveli-5.
5.The Commissioner, S.N.High Road, Tirunelveli.
6.The Assistant Commissioner, Palayamkottai Zone, Palayamkottai, Tirunelveli-2.
7.G.Kumar 8.A.Gopal Konar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to take action against the respondents 7 and 8 for unauthorized construction in Tirunelveli District, Tirunelveli Corporation Limit, Palayamkottai Zone, 24th Ward, Prasanna Vinayagar Kovil Street, T.S.Ward "BL", Block 10, T.S.No.1082/1A11 based on the petitioner's representation dated 07.12.2019. For Petitioner : Mr.T.Selvan For R1 to R6 : Mr.S.P.Maharajan, Special Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] According to the petitioner, he made a representation dated 07.12.2019 to the respondents 1 to 6, pointing out the unauthorized construction put up by the respondents 7 and 8 in Tirunelveli District, Tirunelveli Corporation Limit, Palayamkottai Zone, 24th Ward, Prasanna Vinayagar Kovil Street, T.S.Ward "BL", Block 10, T.S.No.1082/1A11. Since the same has not been considered so far, he has filed this Writ Petition.
2.Though notice served on the respondents 7 and 8 and the name is printed in the cause list, none appeared for them. 3.The learned Special Government Pleader appearing for the respondents 1 to 6 submitted that notice has already been served to the respondents 7 and 8 and further action would be taken by following due process of law.
4.In view of the said submission made by the learned Special Government Pleader for the respondents 1 to 6, this Writ Petition is disposed of, directing the official respondents to proceed further in accordance with law, after providing opportunity to all the parties concerned and complete the process of removal of unauthorized construction in the property in question, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. [D.K.K., J.] & [R.V., J.] 26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva
To 1.The State of Tamil Nadu, Through its Principal Secretary, Housing and Urban Development Department, Chennai.
2.The Chairman, (The District Collector), Tamil Nadu Town and Country Planning Department, Tirunelveli.
3.The Assistant Director, Tamil Nadu Town and Country Planning Department, South Bye Pass Road, St.Xavier's Colony, Tirunelveli-5.
4.The Members Secretary, Tamil Nadu Town and Country Planning Department, South Bye Pass Road, St.Xavier's Colony, Tirunelveli-5.
5.The Commissioner, S.N.High Road, Tirunelveli.
6.The Assistant Commissioner, Palayamkottai Zone, Palayamkottai, Tirunelveli-2.
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
Yuva W.P.(MD)No.27225 of 2019 26.03.2024