The High Court of Madras disposed of a writ petition seeking a direction to stop unauthorized construction. The court directed respondents to complete proceedings within eight weeks and close the connected miscellaneous petition.
Direction to complete proceedings within eight weeks.
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.18223 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA
W.P.No. 18223 of 2021 and W.M.P.No.19454 of 2021
Sivakami .....Petitioner
vs
1.The Commissioner Municipal Administration, Ezhizhagam, Chepauk, Chennai - 600 005.
2.The District Collector, Thirupathur, Thirupathur District.
3.The Municipal Commissioner, Jolarpet Municipality Office, Jolarpet, Thirupathur District.
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus to direct the respondents 1 to 3, to consider
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W.P.No.18223 of 2021
the representation of the petitioner dated 03.08.2021 in accordance with
law by stopping the unauthorised construction by the 4th respondent situated at Sakkara Kuppam Village, Grama Natham Patta No.313 Surevey No.23/7E10.0.3 Acres.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.P.Gurunathan for R1 and R2 Additional Government Pleader Mr.P.Sinivas for R3 Standing Counsel No appearance for R4
ORDER
( Order of the Court was made by J.Nisha Banu,J.)
This writ petition has been filed to direct the respondents
1 to 3, to consider the representation of the petitioner dated 03.08.2021 in accordance with law, by stopping the unauthorised construction put up by the 4th respondent situated at Sakkara Kuppam Village, Grama Natham Patta No.313 Surevey No.23/7E10.0.3 Acres.
behalf of the 4th respondent.
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W.P.No.18223 of 2021
respondents 1 to 3, to take appropriate steps by giving opportunity to all the parties concerned and complete the proceedings within a period of eight (8) weeks from the date of receipt of a copy of this order.
(J.N.B,J.) (N.M., J.) Index : Yes / No 08.09.2023 msv To
1.The Commissioner Municipal Administration, Ezhizhagam, Chepauk, Chennai - 600 005. Page 3/5
W.P.No.18223 of 2021
2.The District Collector, Thirupathur, Thirupathur District.
3.The Municipal Commissioner, Jolarpet Municipality Office, Jolarpet, Thirupathur District.
Page 4/5
W.P.No.18223 of 2021
J. NISHA BANU, J. and N.MALA,J.
msv
W.P.No. 18223 of 2021 and W.M.P.No.19454 of 2021
08.09.2023
Page 5/5
2 issues framed by the court
Whether to issue a writ of mandamus directing respondents to stop unauthorized construction.
Whether respondents are directed to complete proceedings under Section 56 and 57 of the Town and Country Planning Act, 1971 within eight weeks.
2 provisions across 2 enactments
Sivakami
Commissioner Municipal Administration, Ezhizhagam
District Collector, Thirupathur
Municipal Commissioner, Jolarpet Municipality Office
Venkatesa Perumal
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
