Petitioner sought mandamus to officials to remove building violations by a nursing home. The court found the Rule 5(a) notice laconic, without details of the unauthorised construction, and uncertainty over whether a 2006 residential plan related to the same property; mandamus was refused and the writ petition dismissed.
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.21409 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21409 of 2024
N.Muthu Perumal ... Petitioner -vs1.The District Collector, Tenkasi District, Tenkasi. 2.The Joint Director, Urban Development Director, Tenkasi, Tenkasi District. 3.The Commissioner, Tenkasi Municipality, Tenkasi. 4.The Secretary / Member, (Incharge), Town Planning Approval Controlling Authority, Office of the Town Planning Approval Officer, Tenkasi. 5.The Subbulakshmi Nursing Home, No.473 and 475, East Swami Sanithi Street, Tenkasi, Tenkasi District-627 811. ...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to remove the violation made by the 5th respondent's Hospital pursuant to the proceedings in Na.Ka.No. 47/2024 TDTCP of the 3rd respondent within stipulated time fixed by this Court. https://www.mhc.tn.gov.in/judis
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W.P.(MD)No.21409 of 2024
| For Petitioner | : | Mr.M.Anbarasan |
|---|---|---|
| For R-1, R-2 & R-4 | : | Mr.S.P.Maharajan, Special Government Pleader |
| For R-3 | : | Mr.P.Athimoola Pandian |
| For R-5 | : | Mr.G.Prabhu Rajadurai |
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
The petitioner seeks a mandamus to the respondents 1 to 4 to remove the violations made by the 5th respondent Hospital pursuant to the proceedings in Na.Ka.No.47/2024 DDTCB of the 3rd respondent within the stipulated time.
W.P.(MD)No.21409 of 2024
plan that was sanctioned for putting up an additional construction in the year
1996, the plan approval file is not available in the Municipality. It also avers that the 5th respondent has obtained another planning approval for construction of a residential house in the very same property on 24.07.2006. While the plan that was sanctioned in 1996 specifies the door numbers as 181 and 181A, the plan that has been produced as if sanction was obtained in 2006 does not contain the door number.
[R.S.M., J.] [L.V.G., J.]
19.10.2024
NCC : Yes/No Index : Yes/No Internet : Yes Sml
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W.P.(MD)No.21409 of 2024
To
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W.P.(MD)No.21409 of 2024 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.P.(MD)No.21409 of 2024
19.10.2024
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1 issue framed by the court
Whether mandamus could issue to remove alleged building violations by the hospital given a laconic Form 3 notice lacking particulars.
1 provisions across 1 enactments
N.Muthu Perumal
The District Collector, Tenkasi District
The Joint Director, Town Planning, Tenkasi District
The Commissioner, Tenkasi Municipality
The Secretary / Member (Incharge), Town Planning Approval Controlling Authority
Subbulakshmi Nursing Home
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
