Disposed

G.Velmurugan v. The Executive Engineer

Madras HC9 Dec 2024WP(MD)/29522/2024

Case brief

AI extract

What is this about?

Writ petition filed under Article 226 by a petitioner seeking removal of unauthorized construction by respondents 2 and 3. Court directed the 1st respondent to consider the petitioner's unconsidered representation on merits within three months, dispensing notice to private respondents due to their lack of adverse interest.

What did the court decide?

Directed the 1st respondent to consider the petitioner's representation dated 06.01.2024 and pass appropriate orders within three months.

G.Velmurugan Vs The Executive Engineer — Writ and Judicial Review | Madras HC (2024)

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WP(MD). No.29522 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

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WP(MD). No.29522 of 2024

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G.Velmurugan, ... Petitioner

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The Executive Engineer, Thiruppuvanam Selection Grade Town Panchayat, Thiruppuvanam, Sivagangai District - 630 611..

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M.Suresh Babu, S/o.Late.Muthuraja, 9, Amman Koil Street, Thiruppuvanam, Sivagangai District - 630 611..

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S.Ponraj, S/o.M.Suresh Babu, 9, Amman Koil Street, Thiruppuvanam, Sivagangai District - 630 611.. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1^st respondent to remove the unauthorized construction made by the

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.29522 of 2024

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respondents 2 and 3 in portion of the old building in R.S.No.49/24A, D.No.442A, in Madurai-Mandabam Road, Thiruppuvanam Pudur Village, Sivagangai District in the manner known to law within the time to be stipulated by this Court on the basis of petitioner's representation dated 06.01.2024 and on the basis of the notice of the 1^st respondent dated 26.07.2024 vide Na.Ka.No.250/2024/A1.

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For Petitioner : Mr.Babu Rajendran

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For Respondents : ---

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ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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Since no adverse order is going to be passed against the

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respondents 2 and 3, notice to the respondents 2 and 3 is dispensed with.

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The petitioner has filed this writ petition for a mandamus to

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direct the 1^st respondent to remove the unauthorized construction made by the respondents 2 and 3 in portion of the old building in R.S.No. 49/24A, D.No.442A, in Madurai-Mandabam Road, Thiruppuvanam 2/5

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.29522 of 2024

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Pudur Village, Sivagangai District in the manner known to law within the time to be stipulated by this Court on the basis of petitioner's representation dated 06.01.2024 and on the basis of the notice of the 1^st respondent dated 26.07.2024 vide Na.Ka.No.250/2024/A1.

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In order to remove the unauthorized construction made by the respondents 2 and 3 in the aforesaid survey number, the petitioner has given a representation on 06.01.2024. Since the said representation has not been considered so far, the petitioner is before this Court with this petition.

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It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

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https://www.mhc.tn.gov.in/judis

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to the 1

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WP(MD). No.29522 of 2024

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In the light of the above observations, there shall be a direction

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to the 1^st respondent herein to consider the petitioner's representation dated 06.01.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the respondents 2 and 3 and all other persons, who may be interested in the subject property, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

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With the above direction, the Writ Petition stands disposed of.

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No costs.

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[M.S.R.,J] [N.S.,J] 09.12.2024

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NCC : Yes/No Index : Yes/No RR

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.29522 of 2024

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M.S. RAMESH, J. AND N.SENTHILKUMAR, J.

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ORDER IN WP(MD) No.29522 of 2024

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Date : 09/12/2024

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https://www.mhc.tn.gov.in/judis

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G.Velmurugan v. The Executive Engineer

Case brief

What is this about?

What did the court decide?

G.Velmurugan v. The Executive Engineer

Case brief

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What did the court decide?

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