Allowed

Manjuladevi v. the District Collector

Madras HC18 Jul 2023WP/19276/2023

Case brief

AI extract

What is this about?

The High Court set aside an order passed by the Executive Officer regarding unauthorized construction. The court held the order violated mandatory directions issued in a connected petition requiring property inspection and prior notice. The parties were directed to pass fresh orders complying with the earlier directives.

What did the court decide?

The impugned order dated 14.06.2023 was set aside. The respondents were directed to pass fresh orders complying with the directions in W.P.No.3036 of 2018 within two weeks.

Manjuladevi Vs the District Collector — Property and Title | Madras HC (2023)

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W.P.No.19276 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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ORDERS RESERVED ON : 11.07.2023

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ORDERS PRONOUNCED ON : 18.07.2023

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CORAM

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THE HON'BLE MRS.JUSTICE J.NISHA BANU AND

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THE HON'BLE MRS.JUSTICE N.MALA

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W.P.No.19276 of 2023 and WMP.Nos.18524 & 18525 of 2023 & W.P.No.3036 of 2018

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W.P.No.19276 of 2023

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Manjuladevi … Petitioner

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Vs.

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1.The District Collector, Tiruppur District.

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2.The Executive Officer, Mulanoor Town Panchayat, Tiruppur District.

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3.Seetha

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… Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to impugned order in Na.Ka.No.177 of 2023 dated 14.06.2023 issued by the second respondent and quash the same.

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

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W.P.No.19276 of 2023

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For Petitioner : Mr.Karan and Uday

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For R1 & R2 : Mr.P.Gurunathan,

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Additional Government Pleader

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W.P.No.3036 of 2018

Seetha

... Petitioner

Vs.

1.The Executive Officer, Mulanoor Town Panchayat, Mulanoor.

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2.Manjuladevi

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3.Loganayaki

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4.Maniyathal @ Padmavathy ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1 st Respondent to consider the petitioner's representation dated 02.01.2018 and pass orders.

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For Petitioner : Mr.N.Ponraj

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For R1 : Mr.P.Gurunathan Additional Government Pleader

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For R2 & 3 : Mr.Ma.Pa.Thangavel

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

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W.P.No.19276 of 2023

For R4

: No appearance

O R D E R

[Order of the Court was made by N.MALA,J.]

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The Writ Petition in W.P.No.19276 of 2023 is filed calling for the records pertaining to impugned order in Na.Ka.No.177 of 2023 dated 14.06.2023 issued by the second respondent and quash the same and to pass such further or other orders.

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2.The Writ Petition in W.P.No.3036 of 2018 was filed for a Writ of Mandamus directing the second respondent herein to consider the petitioners representation dated 02.01.2018 and pass orders. The said W.P.No.3036 of 2018 was disposed of by this Court on 09.03.2023 with the directions stated therein. The writ petition was directed to be posted for reporting compliance on 13.04.2023 and therefore, the above said Writ Petition is taken up along with W.P.No.19276 of 2023.

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3.The writ petitioner, her sister and her mother are the owners of the property in S.No.586 to the extent of 1.72 cents situated at Moolanur Village, Dharapuram Taluk, Tiruppur District. In the said property a temporary tharsheet was put up and was let out

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

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W.P.No.19276 of 2023

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to various persons for running a poultry farm and other retail shops.

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4.According to the petitioner, there was family enmity between the petitioner and

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the third respondent. Therefore, the third respondent gave a representation to the second respondent to take appropriate action against the petitioner for removal of the illegal construction put up by her in S.No.586. As the representation was not considered, the third respondent filed the Writ Petition in W.P.No.3036 of 2018 for a writ of Mandamus directing the second respondent to consider the above representation, which was disposed of by this Court on 09.03.2023. As the respondents failed to comply with the directions issued by this Hon'ble Court in the aforesaid Writ Petition therefore passing the impugned order, the petitioner was constrained to file the Writ Petition challenging the same. The learned counsel for the petitioner contended that neither any inspection was conducted nor any notice issued to the petitioner before the impugned order was passed as directed by this Court in the aforesaid order. The learned counsel for the petitioner therefore submitted that the impugned order was in violation of the directions issued by this Court in W.P.No.3036 of 2018 and hence deserved to be dismissed.

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5.The learned Additional Government Pleader referred to the impugned order and

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submitted that the impugned order was passed in pursuance of the order passed by this

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

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W.P.No.19276 of 2023

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Court in W.P.No.3036 of 2018. The learned Additional Government Pleader therefore

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submitted that there were no merits in the Writ Petition and the same deserved to be dismissed.

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6.It is the petitioner's case that the impugned order has been passed without complying the directions issued by this Court in W.P.No.3036 of 2018. The relevant portion of the order dated 09.03.2023 in W.P.No.3036 of 2018 is extracted as follows:

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5.Considering the submissions made by the learned counsel

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appearing for the petitioner, the 1 st respondent is directed to inspect the property in question within a period of two weeks from

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the date of receipt of a copy of this order and if there is any unauthorized construction put up by the respondents 2 to 4 is found during inspection, take appropriate action, after issuing notice to the petitioner as well as respondents 2 to 4, within a period of four weeks thereafter.

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6.With the above directions, the Writ Petition is disposed of.

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No costs.

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

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W.P.No.19276 of 2023

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7.The impugned order passed by the second respondent reads as follows:

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K:yD}h; ngU:uhl;rp mYtyfk K:yD}h

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mwptpg;g e.f.vz; : 177-2023 ehs ; : 14/06/2023

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bghUs; : tHf;F ? K:yD}h; ngU:uhl;rp ? K:yD}h; fpuhkk; jhuhg[uk; rhiy ? f/r/vz;/586y; fl;olk;

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fl;lg;gl;Ls;sJ ? tHf;F vz;/ W.P.No.3036/2018d;go chpa mDkjp bgwg;glhj fl;olj;jpid mg;g[wg;gLj;j bjhptpj;jy; ? bjhlh;ghf

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ghh;it : 1 / khz;gik brd;id cah; ePjpkd;w tHf;F vz;/ W.P.No.3036/2018

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ghh;it (1)y; fhQqk; tHf;fpd; cah;ePjp kd;w jPh;g;ghizapd;go

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K:yD}h; ngU:uhl;rpf;Fl;gl;l jhuhg[uk; rhiy f/r/vz;/586 j';fSf;F brhe;jkhd 1/72 Vf;fh; epyj;jpy; vt;tpj mDkjpa[k; ,d;wp

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midf;fg;gl;Ls;s tzpf fl;ol';fis 19/06/2023 khiy 5/00 kzpf;Fs; j';fshy; ,oj;J mg;g[wg;gLj;jpf; bfhs;s bjhptpf;fg;gLfpwJ/ jtWk;gl;rj;jpy; ngU:uhl;rp K:yk; mg;g[wg;gLj;j eltof;if

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nkw;bfhs;sg;gLk; vd ,jd;K:yk; mwptpf;fg;gLfpwJ/ ,Jnt ,Wjp mwptpg;g[ MFk;/ ,J bjhlh;ghf ,dp vt;tpj mwptpg;g[k; mDg;gp itf;fg;gl khl;lhJ/

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

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W.P.No.19276 of 2023

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bray; mYtyh; K:yD}h; ngU:uhl;rp jpUg;g{h; khtl;lk;

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bgWeh; : jpUkjp/kzpahj;jhs; (v) gj;khtjp f-bg/fUg;g[r;rhkp ft[z;lh; rhzhh;ghisak; K:yD}h; fpuhkk;. jhuhg[uk; tl;lk;/

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efy; : jpUkjp/r/rPjh f-bg/rz;KfRe;juk; Fkuft[z;ld;tyR. K:yD}h;/

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8.From the reading of the impugned order, it is seen that there is no whisper of any inspection having been conducted. Further there is no reference to any notice to the petitioner as well as the third respondent before passing of the order. We therefore, find that the impugned order is against the directions issued in W.P.No.3036 of 2018 and therefore the same is setaside. The respondents are directed to pass fresh orders by strictly complying with the directions issued by this Court in order dated 09.03.2023 in W.P.No.3036 of 2018, within a period of two weeks from the date of receipt of a copy of this order.

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

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W.P.No.19276 of 2023

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9.Accordingly, the Writ Petition in W.P.No.19276 of 2023 is disposed of and

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Writ Petition in W.P.No.3036 of 2018 stands closed. There shall be no order as to

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costs. Consequently, the connected miscellaneous petition stands closed.

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J.N.B.J., N.M.J., 18.07.2023

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Index : yes/no Internet : yes/no ah

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1.The District Collector, Tiruppur District.

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2.The Executive Officer, Mulanoor Town Panchayat, Tiruppur District.

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

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W.P.No.19276 of 2023

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J.NISHA BANU, J. & N.MALA, J. ah

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PRE-DELIVERY ORDERS IN W.P.No.3036 of 2018 & W.P.No.19276 of 2023

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

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W.P.No.19276 of 2023

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18.07.2023

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

Manjuladevi v. the District Collector

Case brief

What is this about?

What did the court decide?

Manjuladevi v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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