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Mrs.Bhuvaneswari v. the Commissioner

Madras HC27 Mar 2025WP/4910/2025

Case brief

AI extract

What is this about?

Madras HC, WP No. 4910 of 2025, decided 27-03-2025 (Order by S.M. Subramaniam J., bench with K. Rajasekar J.). Mrs. Bhuvaneswari v. Commissioner, Coimbatore Corporation & Ors. Enforcement of unauthorised construction at Sundarapuram, Coimbatore; prosecution sought under Ss. 133(5), 135(1), (2), (6) and 186, Tamil Nadu Rural and Local Administration Act, 1998; construction found wholly unauthorised (no building plan permission); respondents directed to continue enforcement and conclude within 12 weeks; writ disposed of, no costs.

What did the court decide?

Writ petition disposed of with direction to respondents 1 and 2 to continue enforcement actions against the 3rd respondent's unauthorised construction and conclude within twelve (12) weeks; no costs; connected Miscellaneous Petition (WMP No. 5437 of 2025) closed. ¶48

Mrs.Bhuvaneswari Vs the Commissioner — 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 prosecute the 3rd respondent under Sections 133(5), 135(1), (2) and (6) and Section 186 of the Tamil Nadu Rural and Local Administration Act, 1998, so as to prevent the 3rd respondent from proceeding with and occupying the unauthorised construction, taking into account the petitioner's representations and the Stop Construction Notice. +1 more

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Court's answer

Respondents 1 and 2 are directed to continue enforcement actions by following the procedures and conclude the same within a period of twelve (12) weeks from the date of receipt of a copy of the order.

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Ratio / Principle

On field inspection it was found that the 3rd respondent had not obtained building plan permission; the construction in entirety is unauthorised, and the construction has been halted at the instance of the Corporation authorities.

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Detailed headnote1 paragraphs

Mandamus writ (WP No. 4910 of 2025, High Court of Judicature at Madras, 27-03-2025): petitioner sought direction to the Coimbatore Corporation authorities (respondents 1 and 2) to prosecute respondent 3 under Sections 133(5), 135(1), (2) and (6) and Section 186 of the Tamil Nadu Rural and Local Administration Act, 1998 over unauthorised construction at Door No.12/70-N, Muthaliar Street, Sundarapuram, Coimbatore 641024, following her representations of 23.09.2024 and 26.09.2024 and the Stop Construction Notice of 27.12.2024. After directing a field inspection, the Court found the 3rd respondent had no building plan permission and the construction in entirety is unauthorised, already halted at the Corporation's instance. Respondents 1 and 2 were directed to continue enforcement actions per procedure and conclude within twelve (12) weeks; the writ petition was disposed of, no costs, connected Miscellaneous Petition closed.

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2025:MHC:1048

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WP No. 4910 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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WP No. 4910 of 2025 AND

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WMP NO. 5437 OF 2025

Mrs.Bhuvaneswari

Petitioner(s)

The Commissioner Coimbatore Corporation, Town Hall, Coimbatore City.

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2.The Asst. Commissioner Coimbatore Corporation, South Zone, Idayarpalayam Palakad Road, Coimbatore.

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3.Thangasamy

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Respondent(s)

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WP No. 4910 of 2025

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PRAYER

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Directing the respondents 1 and 2 to prosecute the 3rd respondent U/s. 133(5), 135(1), (2) and (6) and Sec.186 of the Tamil Nadu Rural and Local Administration Act, 1998 thereby preventing the 3rd respondent from

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

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WP No. 4910 of 2025

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proceeding with the unauthorized construction and from occupying such unauthorised construction, taking into account the petitioner's representation dated 23.09.2024 and 26.09.2024 as well as the “Stop Construction Notice” dated 27.12.2024 issued by the 1 and 2nd respondent to 3rd respondent in respect of his property bearing Door No.12/70-N, Muthaliar Street, Sundarapuram, Coimbatore 641024.

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WP No. 4910 of 2025

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For Petitioner(s): Mr.R.Shanmugham

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For Respondent(s): Mr. D. Ferdinand SC For R1 & R Mr. G.R.Deepak 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 of mandamus has been instituted to direct the respondents 1 and 2 to prosecute the 3rd respondent under Sections 133(5), 135(1), (2) and (6) and

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Section 186 of the Tamil Nadu Rural and Local Administration Act, 1998 to

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preventing the 3rd respondent from proceeding with unauthorized construction

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and occupying the same by taking into account of the petitioner's representations dated 23.09.2024 and 26.09.2024, as well as the “Stop Construction Notice” dated 27.12.2024 issued by the respondents 1 and 2 to the

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3rd respondent regarding the property at Door No.12/70-N, Muthaliar Street,

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Sundarapuram, Coimbatore 641024.

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

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WP No. 4910 of 2025

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With reference to the allegations regarding unauthorised construction

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put up by the 3rd respondent without any building plan permission, this Court

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directed the Corporation authorities to conduct a field inspection and ascertain

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the facts.

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The learned Standing counsel appearing on behalf of the Coimbatore

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Corporation submitted, based on instruction, that the construction has been

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halted at the instance of the Corporation authorities. It was found that the 3rd respondent had not obtained building plan permission. Thus, the construction in entirety is unauthorised.

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