Disposed

S.Mahadev Patel v. The commissioner

Madras HC12 Sept 2023WP/21959/2022

Case brief

AI extract

What is this about?

Pursuant to a habeas corpus petition challenging illegal construction on municipal land, the Court directed the Coimbatore Corporation to take strict enforcement action and complete it within eight weeks, noting that a stop-work notice had already been issued under Section 284.

What did the court decide?

The first respondent directed to take further enforcement action against the second respondent and complete it within eight weeks.

S.Mahadev Patel Vs The commissioner — Landlord and Tenant | Madras HC (2023)

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W.P.No.21959 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.09.2023

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CORAM

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THE HONOURABLE Mrs. JUSTICE J.NISHA BANU

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AND

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THE HONOURABLE Mrs.JUSTICE N.MALA

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W.P.No.21959 of 2022 and

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W.M.P.No.20984 of 2022

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S.Mahadev Patel S/o Shahaji

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V.Krishna Lat S/o Vasanth Lat .... Petitioners

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The Commissioner, Coimbatore Corporation, Raja Street, Coimbatore - 641 001.

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Senthilkumar ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of

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India to issue a Writ of Mandamus to direct 1st respondent to inspect the 2nd respondent's property comprised in T.S.No.7/1131/3, Thiyagi Kumaran

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Street, Coimbatore and to take action in accordance with law if any

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W.P.No.21959 of 2022

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deviation is found in subject matter property by considering the petitioners'

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representation dated 12.07.2022 within a time frame as fixed by this Court.

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For Petitioner : Mr.V.Anandamurthy

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For Respondents : Mr.Najeeb Usman Khan Standing Counsel for Coimbatore Corporation/R1 Mr.Arunagiri for R2

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O R D E R

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(The Order of the Court was made by J.Nisha Banu,J) This Writ Petition has been filed to issue a Writ of Mandamus to

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direct 1st respondent to inspect the 2nd respondent's property comprised in T.S.No.7/1131/3, Thiyagi Kumaran Street, Coimbatore and to take action in accordance with law if any deviation is found in subject property by considering the petitioners' representation dated 12.07.2022.

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Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the first respondent Corporation would state that already action has been initiated in respect of the 2nd respondent property. A notice under Sections 274(1) and 284 of the Coimbatore City Municipal Corporation Act, 1981 was issued to the 2nd respondent on 15.09.2022 instructing him to stop the construction of the building

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W.P.No.21959 of 2022

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forthwith. A status report has also been filed by the 1st respondent stating that the 2nd respondent had constructed the building without permission from the Corporation and without leaving set back around the building and that action has been initiated against the 2nd respondent. The said statement is recorded.

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It is needless to state that the illegal construction has to be dealt with strictly to ensure compliance with the rule of law. Therefore, the 1st respondent is directed to take further enforcement action as against the 2nd respondent and complete the same in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.

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(J.N.B.,J.) (N.M.,J.) 12.09.2023 Index:Yes/No Speaking/Non-speaking order vsi

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To The Commissioner, Coimbatore Corporation, Raja Street, Coimbatore - 641 0011.

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W.P.No.21959 of 2022

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J.NISHA BANU,J. and N.MALA,J.

vsi

W.P.No.21959 of 2022

12.09.2023

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S.Mahadev Patel v. The commissioner

Case brief

What is this about?

What did the court decide?

S.Mahadev Patel v. The commissioner

Case brief

What is this about?

What did the court decide?

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