Writ petition challenging unauthorized construction was dismissed as the petitioner failed to produce photographic or other evidence proving that construction materials had been stored or any building put up on the land in question.
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.15400 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.08.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P(MD)No.15400 of 2021 and W.M.P(MD)No.12310 of 2021
S.Nagarajan
... Petitioner
Vs.
Madurai District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action to stop the unauthorized construction https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)No.15400 of 2021
made by the respondents 5 to 9 in S.No.544/2B of Melakkal Village, Vadippatti Taluk, Madurai District, without prior planning permission from the concerned authorities and demolish the unauthorized constructions.
For Petitioner : Mr.N.S. Karthikeyan For Respondents : Mr.B. Saravanan Government Advocate for R1 and R2 : Mr.P. Thilak Kumar Standing Counsel for the Government for R3 and R4
ORDER
(Order of the Court was made by M.DURAISWAMY,J. )
The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action to stop the unauthorised construction made by the respondents 5 to 9, in Survey No.544/2B of Melakkal Village, Vadippatti Taluk, Madurai District without prior planning permission from the concerned authorities and demolish the unauthorized constructions put up by them.
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W.P(MD)No.15400 of 2021
the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.
// True Copy //
SSL
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To
Madurai District, Madurai.
Vadippatti, Madurai District.
Vadippatti Taluk, Madurai District.
+1 CC to M/s.GP ( SR-27633[F] dated 31/08/2021 )
W.P(MD)No.15400 of 2021 27.08.2021
MGJ(07.09.2021) 3P 7C
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2 issues framed by the court
Whether the present petitioners are entitled to a writ of mandamus directing authorities to stop alleged unauthorized construction.
Whether there is sufficient evidence to establish that unauthorized construction has been put up by the opposing party.
1 provisions across 1 enactments
S. Nagarajan
District Collector, Madurai
Assistant Director of Town And Country Planning
Block Development Officer, Vadipatti Block
President of Mealakkal Panchayat
M. Duraismwamy
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
