Mayilsamy.R v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN R.Mayilsamy ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Commissioner Madurai City Municipal Corporation Thallakulam Madurai 3.The Deputy Director District Town and Country Planning Madurai District Sector 6 Anaiyur, Koodal Pudur Madurai-17 4.The Chief Engineer Madurai City Municipal Corporation Thallakulam, Madurai

5.The Executive Engineer (Planning) Madurai City Municipal Corporation Thallakulam, Madurai 6.Lakshmana Multi Speciality Hospital Door No.23, Pykara Thiruparankundram Road Zone 5, Madurai City Municipal Corporation Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take appropriate action against the unauthorized construction of the sixth respondent hospital under the provisions of Town and Country Planning Act as per the notice issued by the fourth respondent under 56(1) of the Tamil Nadu Country Planning Act, 1971, dated 11.05.2023.

For Petitioner :

Mr.N.Ananda Kumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R3 Mr.K.Sivabalan Standing Counsel for R2, R4 & R5

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The prayer in this writ petition is to direct the respondents 1 to 5 to take appropriate action against the unauthorized construction of the sixth respondent - Hospital, under the provisions of Town and Country Planning Act, as per the notice issued by the fourth respondent under Section 56(1) of the Tamil Nadu Country Planning Act, 1971, dated 11.05.2023.

2. Learned Standing Counsel appearing for Madurai City Municipal Corporation made a submission that actions were already initiated based on the complaint given by the petitioner and a lock and seal notice was issued as early as on 06.07.2023. In view of certain circumstances, the respondent - Corporation requires some more time to remove the unauthorized construction.

3. We direct the official respondents to complete the entire process in all respects, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs.

[S.M.S., J.] [V.L.N., J.] 21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai.

2.The Deputy Director, District Town and Country Planning, Madurai District Sector 6, Anaiyur, Koodal Pudur, Madurai-17.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk 21.12.2023