The writ petition seeking enforcement of laws against unauthorized development was dismissed due to the non-appearance of the petitioner and lack of representation on the hearing dates in January 2024.
No relief granted due to dismissal of the petition for non-prosecution.
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.(MD) No.10629 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.10629 of 2009 and
M.P.(MD)No.1 of 2009
M.Kaluvathevar ... Petitioner
Vs.
1.Member Secretary, Madurai Local Planning Authority, Corporation Complex, Arignar Anna Maligai, Madurai- 625 002.
_____________ Page 1 of 4_
4.The President Cum Executive Officer, Thiagarajar Colony Panchayat, Pasumalai, Madurai – 004.
W.P.(MD) No.10629 of 2009
5.M/s. S.Ghcl Ltd., (Earlier Known as Sri Meenakshi Mills Ltd), Paravai, Samayanallur Post, Madurai - 402.
6.Thalapathy
7.K.Arumugasamy ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st to 4th respondents to enforce the provisions of Law against 5 to 7 respondents and persons claiming through them in respect of the unautorised development as plots including the carrying out of building, engineering other operations in or over or under land or the making of any material change in the use land in S.Nos.41/2A1A, 41/3, 41/442/1, 42/2, 42/6, 42/7, 42/8, 42/12, 43/2, 43/3, 43/6A, 43/6B, 43/8A, 43/8B, 45/6, 45/8, 45/9, 45/10, 47/447/5, 47/6&47/7 at Thiruparankundram village, within the limits of Thiagarajar Colony Panchayat, as the land development is made by respondents No.5 to 7 without obtaining the permission under the provisions of law or any rule or regulation in force.
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W.P.(MD) No.10629 of 2009
For Petitioner : No Appearance For Respondents : Mr.P.Thilak Kumar, Govt. Pleader for R1 to R4 Mr.M.Sridhar for R5
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
When the matter was taken up for hearing on 22.01.2024, there was no representation for the petitioner. Hence, the matter was directed to be listed on 23.01.2024 under the caption 'For Dismissal'. Even today, there is no representation for the petitioner. Hence, this Writ Petition is dismissed for nonprosecution. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.] 23.01.2024 Neutral Citation: Yes / No Index : Yes / No vsm
Page 3 of 4
W.P.(MD) No.10629 of 2009
D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.
vsm
To
W.P.(MD)No.10629 of 2009
23.01.2024
Page 4 of 4
1 provisions across 1 enactments
M.Kaluvathevar
Member Secretary, Madurai Local Planning Authority
Regional Deputy Director of Town Planning
Director of Town Planning
The President Cum Executive Officer, Thiagarajar Colony Panchayat
M/s. S.Ghcl Ltd.
D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
