In a writ petition challenging alleged illegal construction, the High Court at Madras dismissed the petition as infructuous. The court noted that the Municipality had already initiated action under the Tamil Nadu Town and Country Planning Act by issuing notices to the relevant parties.
No relief granted; writ petition dismissed.
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.No.4948 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2022
CORAM
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU
W.P.No.4948 of 2020
K.Kandan .... Petitioner
Vs
1.The Commissioner Kallakurichi Municipality.
2.Sorubarani .... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 20.12.2019 and consequently direct the first respondent to stop illegal construction by the second respondent in property bearing S.No.7/10, Kacirapalayam Main Road, Kallakurichi.
For Petitioner : Mr.S.N.Subramani For Respondents : Mr.Lourdu Paul Maurya [R1] Ms.AL.Ganthimathi [R2]
W.P.No.4948 of 2020
ORDER
[Order of the Court was made by R.SUBRAMANIAN.J]
The prayer in the writ petition is as follows :
"To issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 20.12.2019 and consequently direct the first respondent to stop illegal construction by the second respondent in property bearing S.No.7/10, Kacirapalayam Main Road, Kallakurichi."
[RSMJ] [KBJ] 11.11.2022
Index : Yes / No Speaking order / Non-speaking order ds
W.P.No.4948 of 2020
To: The Commissioner Kallakurichi Municipality.
W.P.No.4948 of 2020
R.SUBRAMANIAN. J., and KUMARESH BABU.J.,
ds
W.P.No.4948 of 2020
11.11.2022
1 issue framed by the court
Whether the writ petition should be allowed or dismissed when the petitioner has been issued notice under the Tamil Nadu Town and Country Planing Act, 1971.
2 provisions across 2 enactments
K.Kandan
Commissioner Kallakurichi Municipality
Sorubarani
R.SUBRAMANIAN
KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
