The Madurai Bench dismissed a writ petition seeking issuance of a writ of mandamus to direct respondents to implement a circular regarding unauthorized construction. The court dismissed the petition as vague due to lack of specific instances or public interest.
The petition is dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.11778 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.(MD) No.11778 of 2021
S.Saravanan
... Petitioner
Vs
1.The Commissioner of Municipal Administration, Commissionerate of Municipal Administration, Santhome High Road, Chennai.
2.The Director of Town and Country Planning, Directorate of Town and Country Planning, Koyambedu, Chennai.
3.The District Collector, Thoothukudi District, Thoothukudi.
4.The Municipal Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus to direct the respondents 1 and 2 to ensure strict implementation of the Circular Roc.No.5400/2019/TP2, dated 20.03.2019 which is issued by the first respondent herein at all over Tamil Nadu, especially, Kovilpatti Town, Thoothukudi District, in accordance with law by considering the petitioner's representation dated 27.05.2020.
For Petitioner : Mr.N.Rajasekar For Respondents : Mr.P.Thilakkumar Government Pleader for R.1 to R.3 Mr.Parekh Kumar for R.4
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
The petition is as vague as they come and the petitioner wants the respondent authorities to take action against the unauthorised construction, but does not indicate any specific instance where https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD) No.11778 of 2021
there is any proven unauthorised construction and the respondents have not taken action against the same.
2.There are rules and guidelines in place as to how to deal with the unauthorised construction. Since the writ petitioner does not refer to any specific case, there does not appear to be any element of public interest in the matter.
W.P.(MD)No.11778 of 2021 is dismissed. There will be no order as to costs.
// True Copy //
PS/VSM
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To
1.The Commissioner of Municipal Administration, Commissionerate of Municipal Administration, Santhome High Road, Chennai.
2.The Director of Town and Country Planning, Directorate of Town and Country Planning, Koyambedu, Chennai.
3.The District Collector, Thoothukudi District, Thoothukudi.
4.The Municipal Commissioner, Kovilpatti Municipality, Kovilpatti,
Thoothukudi District.
+1 CC to M/s.P.SRINIVAS, Advocate ( SR-33061[F] dated 28/10/2021 ) +1 CC to M/s.SPL.GP ( SR-32828[F] dated 27/10/2021 )
W.P.(MD) No.11778 of 2021 26.10.2021
TP(CO)
RS/UV (10.11.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/
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2 issues framed by the court
Whether the petition prayed for enforcement of a circular regarding unauthorized construction is maintainable in absence of specific instances.
Whether the petition discloses any element of public interest without reference to a specific case.
2 provisions across 2 enactments
S.Saravanan
The Commissioner of Municipal Administration
The Director of Town and Country Planning
The District Collector, Thoothukudi
The Municipal Commissioner, Kovilpatti Municipality
Sanjeev Banerjee
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
