← Library
Madras High CourtWP(MD)/28579/2024dismissed

P. Murugan v. The Assistant Director (Town Panchayats)

2024-11-28Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.28579 of 2024 and WMP(MD) No.24233 of 2024 P. Murugan ... Petitioner Vs

1. The Assistant Director (Town Panchayats), Theni Zone, Theni District..

2. The Executive Officer, Veerapandi Town Panchayat, Veerapandi, Theni District.

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned notice passed by the 2nd respondent in Na.Ka.No.19/2023 dated 14.11.2024 and quash the same as illegal and unconstitutional, consequently direct the 2nd respondent to regularize the additional construction of first floor with metal sheet roof put up on the house bearing Door No.86, Survey No.234/1A of Mariamman Kovilpatti South Street, Veerapandi, Theni District in the light of revised building plan approval submitted by the petitioner on 17.04.2024 1/41/4

For Petitioner : Mr.S.Prabhu For Respondents : Mr.J.Ashok Addl. Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The very fact that the petitioner's consequential prayer for a direction to the respondents to regularize the additional construction itself would indicate that the petitioner has admitted that the construction put up in the first floor of his house bearing D.No.86, Veerapandi Town Panchayat, is unauthorized. While that being so, this Court may not be in a position to interfere with the impugned notice for removal of unauthorized construction. Accordingly, the writ petition stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

[M.S.R.,J] [A.D.M.C.,J] 28.11.2024 NCC : Yes/No Index : Yes/No RR 2/42/4

TO

1. The Assistant Director (Town Panchayats), Theni Zone, Theni District..

3/43/4

M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR petitione

ORDER

IN WP(MD) No.28579 of 2024 Date : 28/11/2024 4/44/4