Petitioners sought mandamus to demolish unauthorized construction by respondent 6 lacking planning permission. The Commissioner confirmed no permission was granted. The Court directed the Srivilliputhur Municipality Commissioner to take action for removal under relevant law 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.23347 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.23347 of 2024 and
W.M.P.(MD)Nos.19762 and 19763 of 2024
1.Kumar
2.Anbarasan ... Petitioners
-vs-
1.The District Collector, Virudhunagar District, Virudhunagar.
4.The Deputy Director, Town and Country Planning Office, Virudhunagar District.
5.Executive Engineer, TANGEDCO, Office of the Executive Engineer, TANGEDCO, Near K.K.S.S.N Theatre, Virudhunagar.
6.Roach @ Ravichandran, S/o. Late. Antony, https://www.mhc.tn.gov.in/judis D.No: 87, Santhaipettai Street,
Page 1 of 4
W.P.(MD)No.23347 of 2024
Virudhunagar District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 to 5 to take appropriate action to demolish an unauthorized construction made by the 6th respondent in S.No.607 & 608 of Santhaipettai Street, Srivilliputhur Town within a time frame as fixed by this Court.
For Petitioner : Mr.S.Ponsaravanan For R-1, R-4 & R-5 : Mr.S.P.Maharajan, Special Government Pleader For R-2 : Mr.Vaikkam Karunanithi, Government Advocate (Criminal side) For R-3 : Mr.P.Srinivas
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
Page 2 of 4
W.P.(MD)No.23347 of 2024
under the relevant law for removal of the unauthorized construction. The necessary action shall be taken within a period of eight (8) weeks from the date of
receipt of a copy of this order, failing which, the petitioner will be entitled to seek reopening of the writ petition. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.]
01.10.2024
NCC : Yes/No Index : Yes/No Internet : Yes Sml
To
1.The District Collector, Virudhunagar District, Virudhunagar.
4.The Deputy Director, Town and Country Planning Office, Virudhunagar District.
5.Executive Engineer, TANGEDCO, Office of the Executive Engineer, TANGEDCO, Near K.K.S.S.N Theatre, Virudhunagar.
Page 3 of 4
W.P.(MD)No.23347 of 2024 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.P.(MD)No.23347 of 2024
01.10.2024
Page 4 of 4
1 issue framed by the court
Should a writ of mandamus be issued directing authorities to demolish unauthorized construction by respondent 6 without planning permission?
1 provisions across 1 enactments
Kumar
Anbarasan
The District Collector, Virudhunagar District, Virudhunagar
The Superintendent of Police, Virudhunagar District, Virudhunagar
The Commissioner of the Municipality, Srivilliputhur Municipality, Srivilliputhur Taluk, Virudhunagar District
The Deputy Director, Town and Country Planning Office, Virudhunagar District
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
