Disposed¶32

M.Madhesan v. the Executive Officer

Madras HC21 Apr 2025WP/19606/2024

Case brief

AI extract

What is this about?

Unauthorised construction / tin shed removal; Kubenthiran Bakery; Kolathur Special Grade Panchayat Executive Officer; Village Administrative Officer; building plan approval/permission verification; action per procedures contemplated under law; eight-week compliance timeline; Salem District, Tamil Nadu; writ petition disposed with no costs. Relevant to municipal/panchayat enforcement against unauthorised structures and compliance directions.

What did the court decide?

Writ petition disposed of with directions to respondents 1 and 2 to verify the documents and, absent building plan approval/permission, treat the tin shed as unauthorised and initiate all appropriate actions under law within eight weeks; no costs; connected miscellaneous petitions, if any, closed. ¶32

M.Madhesan Vs the Executive Officer — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 and 2 are to be directed to remove the entire unauthorised tin shed put up by the 3rd respondent in the name of Kubenthiran Bakery at 8th ward, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District.

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Court's answer

Respondents 1 and 2 are directed to verify the documents and, in the absence of any proper building plan approval/permission from the competent authority, the shed is to be construed as unauthorised.

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Ratio / Principle

All appropriate actions against the unauthorised shed are to be initiated by following procedures as contemplated under law, and the exercise is to be completed within a period of eight weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Madras High Court (order by S.M. Subramaniam J. for the Division Bench including K. Rajasekar J.) disposed of a writ petition seeking removal of an unauthorised tin shed housing 'Kubenthiran Bakery', put up by the third respondent at 8th ward, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District. The Executive Officer, Kolathur Special Grade Panchayat had issued a notice to the third respondent, who undertook to obtain permission for the shed already constructed but did not do so. The Court directed respondents 1 and 2 (Executive Officer and Village Administrative Officer) to verify the documents and, in the absence of proper building plan approval/permission from the competent authority, to construe the shed as unauthorised and initiate all appropriate actions by following the procedures contemplated under law, completing the exercise within eight weeks of receipt of a copy of the order. Writ petition disposed of; no costs; connected miscellaneous petitions closed.

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WP No. 19606 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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WP No. 19606 of 2024

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M.Madhesan S/o.Madhaiyan, D.No.6-3-43-c, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District.

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Petitioner(s)

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The Executive Officer Kolathur Special Grade Panchayat, Kolathur, Mettur Taluk, Salem District.

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2.The Village Administrative Officer Kolathur Village, Mettur Taluk, Salem District.

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3.Tmt.C.Sitheshwari

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W/o.Devaraj, Gandhi Nagar, Four Roads, Kolathur, Mettur Taluk, Salem District.

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

WP No. 19606 of 2024

Respondent(s)

PRAYER

Directing the respondents 1 and 2 to remove the entire unauthorised tin shed put up by the 3rd respondent in the name of Kubenthiran Bakery situated at 8th ward, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District as informed in the letter of the 1st respondent in Na.Ka.No.408 of 2023 dated 16.05.2024 to the petitioner.

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For Petitioner(s): Mr.M.P.Rajavelayutham For Respondent(s): Mr. D. Gopal Government Advocate For R1 Mrs.E.Ranganayagi Additional Government Pleader for R2 No appearance (for R3)

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ORDER

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

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The Writ on hand has been instituted to direct the respondents 1 and 2 to remove the entire unauthorised tin shed put up by the 3rd respondent in the name of Kubenthiran Bakery situated at 8th ward, Gandhi Nagar, Kolathur, Mettur Taluk, Salem District as informed in the letter of the 1st respondent in Na.Ka.No.408 of 2023 dated 16.05.2024 to the petitioner.

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With reference to the allegations set out in the Writ Petition, a

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notice was issued by the 1st respondent/Executive Officer to the 3rd respondent.

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1. Learned counsel for the petitioner would submit that the 3

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

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WP No. 19606 of 2024

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respondent made a submission before the 1st respondent that he will obtain appropriate permission for the shed already constructed. However, no such permission has been obtained.

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This being the factum placed before this Court, the respondents 1

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and 2 are directed to verify the documents, and in the absence of any proper building plan approval/permission from the competent authority, the shed is to be construed as unauthorised and all appropriate actions ought to be initiated by following procedures as contemplated under law. Such exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.

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