Murugesan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Murugesan : Petitioner Vs.

1.The Commissioner, Karur City Corporation, Azad Road, Karur.

2.The Director, District Town & Country Planning Officer, Lakshmipuram N Road, Jawahar Bazaar, Karu - 639 001.

3.P.Rajeshkumar : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 2 herein to prohibit and remove the unauthorized constructions made by the third respondent in S.No.274/2, 275/3A 1/5

and 276/2 to an extent of 2624 sq.ft. Situate at L.N.S. Village, Karur District, on the basis of the petitioner's representation dated 08.12.2023, within the time frame fixed by this Court. For Petitioner : Mr.V.Balaji For Respondent No.1 : Mr.K.Balasubramani, Standing Counsel For Respondent No.2 : Mr.S.P.Maharajan, Special Government Pleader For Respondent No.3 : No appearance

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner seeks for a direction to the respondents 1 & 2 herein to prohibit and remove the unauthorized constructions made by the third respondent in S.No.274/2, 275/3A and 276/2 to an extent of 2624 sq.ft. situate at L.N.S. Village, Karur District, on the basis of the petitioner's representation dated 08.12.2023. 2.According to the learned Standing Counsel for the respondent Corporation, the said building constructed by the third respondent is unauthorized and illegal and therefore, necessary action will be taken for removal of the unauthorised building in the said property.

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3.Accepting the said contention of the learned Standing Counsel for the respondent Corporation, we direct the first respondent to take necessary action for removal of unauthorised construction in the property in question, by following the procedures as contemplated under the law, after providing opportunity to the parties concerned. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order.

4.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

[D.K.K.,J.] & [R.V.,J.] 27.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The Commissioner, Karur City Corporation, Azad Road, Karur.

2.The Director, District Town & Country Planning Officer, Lakshmipuram N Road, Jawahar Bazaar, Karu - 639 001.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 27.03.2024 5/5