Challenge to a notice issued under the Town and Country Planning Act for unauthorised construction. The Court held writ petitions against show cause notices are not maintainable absent jurisdictional infirmity, dismissed the petition and directed the petitioner to submit his approved plan and explanation within two 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.(MD) No.13172 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.13172 of 2013 and M.P.(MD)No.1 of 2013
M.Selvaraj
... Petitioner
-Vs-
1.The Member Secretary, Thoothukudi Local Planning Authority, West Car Street, Thoothukudi-2.
2.The Commissioner, Thoothukudi Corporation, Thoothukudi.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the proceedings of the impugned notice in Na.Ka.No.658/2013 J}cjpF dated 22.07.2013 on the file of the first respondent and quash the same.
For Petitioner : Mr.G.Prabhu Rajadurai For R1 : Mr.S.P.Maharajan Special Government Pleader
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W.P.(MD) No.13172 of 2013
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.]
Against the notice issued under Sections 56 and 85 of Town and Country Planning Act by the first respondent for removal of unauthorised construction, the present writ petition was filed.
2.The proceedings, which is put to challenge in this writ petition is only a notice calling upon the petitioner to produce the approved plan and other necessary documents. Writ petitions filed challenging the show cause notices are not entertainable, unless such show cause notices have been issued by an incompetent authority having no jurisdiction. Persons, receiving show cause notices regarding removal of encroachments, are at liberty to submit their objections / explanations along with the documents, if any, enabling the competent authority to decide the issues on merits and in accordance with law and proceed thereafter. Without submitting such objections/explanations, the petitioner has filed the present writ petition, which is not maintainable and liable to be dismissed.
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W.P.(MD) No.13172 of 2013
3.Accordingly, this writ petition is dismissed. It is made clear that the
petitioner shall approach the competent authority along with the approved plan and all other necessary documents within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the authorities concerned shall take further action following the procedure as contemplated under law. If the petitioner failed to submit his explanation within the prescribed period of time, the respondent is at liberty to take necessary action for removal of unauthorized construction by following due process of law. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] & [R.V., J.] 28.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No ta
To
1.The Member Secretary, Thoothukudi Local Planning Authority, West Car Street, Thoothukudi-2.
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W.P.(MD) No.13172 of 2013
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
ta
W.P.(MD)No.13172 of 2013
28.02.2024
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1 issue framed by the court
Whether a writ petition challenging a show cause notice under the Town and Country Planning Act is maintainable without first submitting objections before the authority?
2 provisions across 2 enactments
M.Selvaraj
The Member Secretary, Thoothukudi Local Planning Authority
The Commissioner, Thoothukudi Corporation
D.Krishnakumar
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
