A writ petition alleging that a hospital was being built without planning permission. The court noted a stop work notice had been issued and disposed of the petition by directing the Commissioner, Tenkasi Municipality to take action as per law and pass final orders 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.(MD) No.13208 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2024
CORAM:
THE HON'BLE MR .R.MAHADEVAN , ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD) No.13208 of 2024
Thillai Chidambaram
... Petitioner
-vs-
1.The District Collector Tenkasi District, Tenkasi 2.The Joint Director Urban Development Director Tenkasi, Tenkasi District 3.The Commissioner Tenkasi Municipality Tenkasi (R3 is suo motu amended vide order dated 20.06.2024 in W.P.(MD)No.13208 of 2024 by RMD ACJ and GRSJ) 4.The Secretary / Member (Incarge) Town Planning Approval Controlling Authority Office of the Town Planning Approval Officer Tenkasi 5.The Vasantham Hospital, No.164, Nellai Main Road, Tenkasi, Tenkasi District - 627 805 ... Respondents
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PRAYER:
W.P.(MD) No.13208 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 remove the violation
made by the fifth respondent Hospital pursuant to the proceedings in Na.Ka.No.46/2024 TDTCP of the fourth respondent within stipulated time fixed by this Court.
For Petitioner : Mr.M.Anbarasan For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R4
O R D E R
R.MAHADEVAN , A.C.J. And G.R.SWAMINATHAN, J.
Heard the learned counsel for the petitioner and learned Government Pleader for the respondents 1 to 4.
2. Issuance of notice to the fifth respondent is dispensed with.
3. The petitioner alleges that the fifth respondent is putting up a
Hospital without getting planing permission. He wants the unauthorized construction to be removed.
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W.P.(MD) No.13208 of 2024
4. When the matter was taken up for hearing, learned Government Pleader appearing for the respondents 1 to 4 submitted that the fourth respondent had already issued a stop work notice to the fifth respondent. The allegation made by the petitioner appears to be prima facie correct.
5. We, therefore, direct the Commissioner, Tenkasi Municipality, to take action as per law. Notice will be issued to the fifth respondent and final order will be passed within a period of eight weeks from the date of receipt of a copy of this order. It is of course open to the fifth respondent to avail all the remedies provided in the statute.
6. This writ petition is disposed of accordingly. No costs.
[R.M.D., A.C.J.] [G.R.S., J.] 20.06.2024
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NCC : Yes / No Index : Yes / No Internet : Yes / No
krk / ias
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W.P.(MD) No.13208 of 2024
To:
Page 4 of 5
W.P.(MD) No.13208 of 2024
R.MAHADEVAN , A.C.J. and G.R.SWAMINATHAN, J.
krk / ias
W.P.(MD) No.13208 of 2024
20.06.2024
(2/2)
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1 issue framed by the court
Whether the authorities should be directed to act against an alleged unauthorised hospital construction lacking planning permission.
1 provisions across 1 enactments
Thillai Chidambaram
The District Collector Tenkasi District, Tenkasi
The Joint Director Urban Development Director Tenkasi, Tenkasi District
The Commissioner Tenkasi Municipality Tenkasi
The Secretary / Member (Incarge) Town Planning Approval Controlling Authority Office of the Town Planning Approval Officer Tenkasi
The Vasantham Hospital, No.164, Nellai Main Road, Tenkasi, Tenkasi District - 627 805
R.MAHADEVAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
