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Madras High CourtWP(MD)/24380/2025withdrawn dismissed

V.Alaguraja v. The District Collector,

2025-11-17Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.19137 of 2025 V.Alaguraja ... Petitioner Vs.

1.The District Collector, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai.

3.The Tahsildar, Madurai East Taluk, Madurai.

4.The Block Development Officer, Madurai East Panchyat Union, Madurai District.

5.S.Vinayagamani ... 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 pertaining to the impugned order in Na.Ka.No.2386/2023/Thi7 dated 1/5

21.08.2025 on the file of the respondent No.3 and quash the same as illegal and consequently for a direction, forbearing the respondent Nos.1 to 4 from demolishing the basement constructed by the petitioner in an extent of 7 cents in S.No.92/16 in Mangulam II Bit Village, Madurai East Taluk, Madurai District without following due process of law. For Petitioner : Mr.J.Pandi Dorai For Respondents : Mr.S.P.Maharajan (R1 to R3) Special Government Pleader : Mr.M.Sarangan (R4) Additional Government Pleader : Mr.K.Mahendran (R5)

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Mr.J.Pandi Dorai, learned counsel appearing for petitioner, has made an endorsement to the effect that the petitioner does not wish to pursue this Writ Petition.

2.We grant liberty to the petitioner to challenge the impugned order dated 21.08.2025 by way of a statutory appeal in terms of Section 79(5) of the Tamil Nadu Town and Country Planning Act, 1971. 2/5

3.Since the Writ Petition has been instituted on 04.09.2025 challenging proceedings dated 21.08.2025, if the appeal is filed within two weeks from today, the same shall be entertained without reference to limitation, but ensuring compliance with all other statutory conditions. The petitioner is also at liberty to obtain necessary interim protection from the authorities.

4.This Writ Petition is dismissed as withdrawn with aforesaid liberty. No costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 17.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 3/5

To 1.The District Collector, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai.

3.The Tahsildar, Madurai East Taluk, Madurai.

4.The Block Development Officer, Madurai East Panchyat Union, Madurai District.

4/5

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 17.11.2025 5/5