Disposed

S.Mahaboob John v. The Executive Officer

Madras HC23 Dec 2022WP(MD)/28637/2022

Case brief

AI extract

What is this about?

Hon'ble Madras High Court disposed of a writ petition by directing the 1st respondent (Executive Officer) to consider the petitioner's representation regarding unauthorized construction within eight weeks, providing an opportunity of hearing before deciding on merits.

What did the court decide?

Directed 1st respondent to consider petitioner's representation dated 21.09.2022 and pass appropriate orders after hearing within eight weeks.

S.Mahaboob John Vs The Executive Officer — Landlord and Tenant | Madras HC (2022)

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W.P.(MD) No.28637 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.28637 of 2022 and

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W.M.P.(MD)No.22666 of 2022

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S.Mahaboob John ... Petitioner

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-Vs-

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1.The Executive Officer, Cheranmahadevi Panchayat, Cheranmahadevi Taluk, Tirunelveli.

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2.C.Senthil Kumar

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1^st respondent to take action against the construction of building in Old S.No.726/1 and New S.No.1793/8, Cheranmahadevi Taluk, Tirunelveli by the 2^nd respondent in violation of building plan approval granted by the 1^st respondent by considering the representation of the petitioner dated 21.09.2022 within the time fixed by this Court.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28637 of 2022

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For Petitioner : Mr.H.Arumugam For R1 : Mr.K.S.Selvaganesan Additional Government Pleader

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ORDER

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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This Writ Petition is filed for issuance of a Writ of Mandamus, directing the 1 st respondent to take action against the 2 nd respondent for constructing a building in Old S.No.726/1 and New S.No.1793/8, Cheranmahadevi Taluk, Tirunelveli in violation of building plan approval granted by the 1 st respondent, by considering the representation of the petitioner dated 21.09.2022, within the time to be fixed by this Court.

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2.Mr.K.S.Selvaganesan, learned Additional Government Pleader takes notice for the 1 st respondent. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 2 nd respondent is dispensed with.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28637 of 2022

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3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

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4.Pointing out the illegal and unauthorized construction of the 2 nd respondent, the petitioner made a representation dated 21.09.2022 to the 1 st respondent. Since the same has not been considered till date, the petitioner has approached this Court with the aforesaid prayer.

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5.The learned Additional Government Pleader for the 1 st respondent, on instructions, submitted that the representation of the petitioner dated 21.09.2022 will be considered and appropriate orders would be passed on merits and in accordance with law.

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6.Considering the limited scope of the prayer sought for in the Writ Petition, without going into the merits of the case, we are inclined to direct the 1st respondent to consider the representation of the petitioner dated 21.09.2022 and pass appropriate orders on its own merits and in accordance with law, after

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28637 of 2022

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providing sufficient opportunity of hearing to all the parties concerned. Such an exercise shall be completed as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

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7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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[D.K.K., J.] & [R.V., J.] 23.12.2022

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Index : Yes / No Internet : Yes / No

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Myr

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1.The Executive Officer, Cheranmahadevi Panchayat, Cheranmahadevi Taluk, Tirunelveli.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.28637 of 2022

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D.KRISHNAKUMAR, J. AND R.VIJAYAKUMAR , J.

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Myr

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W.P.(MD)No.28637 of 2022

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23.12.2022

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

S.Mahaboob John v. The Executive Officer

Case brief

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S.Mahaboob John v. The Executive Officer

Case brief

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