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Madras High CourtWP(MD)/20826/2017disposed of

P.Prakash, v. The District Collector

2024-02-26Honourable The Chief Justice,Honourable Mr Justice G.Ilangovan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.ILANGOVAN and WMP(MD) Nos.703 to 711 ad 795 to 801/2019 P.Prakash,, ... Petitioner Vs

1. The District Collector, Collectorate, Madurai..

2. The Municipal Commissioner,, Municipal Office, Usilampatti - 625 532..

3. The Town Planning Officer /, Inspector, Municipal Office,

4. The Deputy Director,, Town and Country Planning Department, Madurai..

5. The District Fire Officer,, Tamil Nadu Fire & Rescue Services, Madurai..

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6. The Manger / Proprietor,, M.A.K.T.Mahal, Peraiyur Road,

7. The Manger / Proprietor,, Anugraham Mahal, Peraiyur Road,

8. The Manger / Proprietor,, Master Meeting Hall, Peraiyur Road,

9. The Manger / Proprietor,, Upm Mahal, Peraiyur Road,

10. The Manger / Proprietor,, Divaya Mahal, T.B.Road,

11. The Manger / Proprietor,, Saraswathi Mahal, Theni Road,

12. The Manger / Proprietor,, Meeting Hall, Theni Road,

13. The Manger / Proprietor,, A.D.S.Mahal, Batlagundu Road,

14. The Manger / Proprietor,, Lakshmi Mahal, Batlagundu Road,

15. The Manger / Proprietor,, Vishali Mahal, Batlagundu Road, Usilampatti - 625 532.. 2/7

16. The Manager / Proprietor,, A.P.R.Veera Mahal, Madurai Road,

17. The Manger / Proprietor,, V.K.G.Veera Mahal, Madurai Road,

18. The Manger / Proprietor,, V.L.R.Mahal, Madurai Road,

19. The Manger / Proprietor,, Meenakshi Mahal, Madurai Road,

20. The Manger / Proprietor,, Pranav Mahal, Theni Road,

21. The Manger / Proprietor,, J.B.R Mahal, Karukkattanpatti Road,

22. The Manger / Proprietor,, Ammaiyar Amman Arangam, Kallar Road,

23. The Manger / Proprietor,, Thevar Mahal, Santhaithidal Road, ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 2nd respondent to demolish the unauthorized/Violated constructions of Mahals, Meeting 3/7

Halls, Mandabams, etc., (Assembly buildings) which is situated in and around area of Usilampatti, Madurai Dist, by implementing G.O. (Ms).No.289 passed by the Housing & Urban Development (UD 4-1) Department dated 16.12.2010 with in a stipulated time to be fixed by this Court.

For Petitioner : M/s.J.Senthil Kumaraiah, For Respondents :Mr.T.Amjad Khan for R1, R4 and R5 Government Advocate Mr.K.Mahendran for R2&R3 Mr.R.Thangasamy for R6, R11 to R13, R20, R22 Mr.R.Ragavendran for R19 Mr.H.Lakshmi Shankar for R8,R9,R14,R15 to R18 Mr.Niranjan S.Kumar for R10 Ms.J.Anandavalli for R7

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] Heard the learned Advocate for the petitioner, learned Government Advocate and the learned Advocate for the respondents. 4/7

2.The contention of the learned Advocate for the petitioner is that the respondents without any valid permission have constructed a Mahal. Actually the permission was granted for godown. It is submitted that without permission, the same is converted to commercial purpose. 3.The learned Advocates for the private respondents submit that twice the proposal was submitted for regularisation and the same is returned. Lastly the proposal is submitted on 20.10.2023 by the respondent No.6.

4.In case, the private respondents herein have given a proposal for regularisation, the authorities shall take a decision on its own merits and in accordance with law and policy, preferably, within six months. Depending upon the decision taken, the parties shall take immediate steps in the matter. In case, the application for regularisation is rejected, then the planning authority and/or the Municipality shall take immediate steps in that regard.

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5.With this observation, the writ petition is disposed of. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

[S.V.G., CJ.] [G.I., J.] 26.02.2024 NCC :

Yes/No Index :

Yes/No RR TO

1. The District Collector, Collectorate, Madurai..

2. The Municipal Commissioner,, Municipal Office, Usilampatti - 625 532..

3. The Town Planning Officer /, Inspector, Municipal Office,

4. The Deputy Director,, Town and Country Planning Department, Madurai..

5. The District Fire Officer,, Tamil Nadu Fire & Rescue Services, Madurai..

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THE HON'BLE THE CHIEF JUSTICE and G.ILANGOVAN, J.

RR W.P.(MD)No.20826 of 2017 26.02.2024 7/7