Disposed¶38

R.Mayilsamy v. The Director of Municipal Administration

Madras HC4 Aug 2025WP(MD)/17986/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.17986 of 2025; Madras High Court Madurai Bench; decided 04.08.2025 by S.M.Subramaniam, J. (with Dr.A.D.Maria Clete, J.); writ of mandamus; unauthorized construction; building violation; lock and seal; demolition; Balamurugan Textile Shop & Complex; New Vilangudi, Madurai; Tamilnadu Town and Country Planning Act, 1971; Section 135(4) Tamil Nadu Urban Local Bodies Act, 1998; notice dated 18.07.2025; opportunity to submit explanations; enforcement within twelve weeks; disposed of, no costs.

What did the court decide?

Sixth respondent permitted to submit explanations with documents within 10 days; Corporation authorities directed to examine the representation, take a final decision and continue enforcement actions, completing enforcement of any identified deviations within twelve weeks thereafter; no costs. ¶38

R.Mayilsamy Vs The Director of Municipal… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 5 should be directed to lock and seal and remove/demolish the unauthorized construction and building violation made by the sixth respondent (Balamurugan Textile Shop & Complex, New Vilangudi, Madurai) under the provisions of the Tamilnadu Town and Country Planning Act, 1971. +1 more

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Court's answer

With the above directions, the writ petition was disposed of without issuing the mandamus sought, and no costs were imposed.

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Ratio / Principle

Accepting the sixth respondent's grievance that no opportunity had been given, the Court granted the sixth respondent liberty to submit explanations along with documents, if any, within 10 days; on receipt, the Corporation authorities were directed to look into the representation, take a final decision and continue the enforcement actions, completing enforcement for any identified deviations within twelve weeks thereafter.

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Detailed headnote1 paragraphs

Writ of Mandamus (Article 226, Constitution of India) filed by R.Mayilsamy seeking direction to respondents 1-5 to lock, seal and remove/demolish the alleged unauthorized construction and building violation by the sixth respondent, Balamurugan Textile Shop & Complex, New Vilangudi, Madurai, under the Tamilnadu Town and Country Planning Act, 1971, based on the petitioner's representation dated 10.08.2023. The Madurai Corporation had surveyed the site, identified deviations and initiated enforcement, including a notice under Section 135(4) of the Tamil Nadu Urban Local Bodies Act, 1998 issued vide proceedings dated 18.07.2025. On the sixth respondent's counsel submitting that no opportunity had been granted to submit explanations, the Court disposed of the petition granting the sixth respondent 10 days to submit explanations with documents, directing the Corporation authorities to look into the representation, take a final decision and continue enforcement actions, completing enforcement of any identified deviations within twelve weeks thereafter. No costs.

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W.P.(MD)No.17986 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.17986 of 2025

R.Mayilsamy

... Petitioner

Vs.

1.The Director of Municipal Administration, No.75, Urban Administrative Buildings, Santhom High Road, MRC Nagar,

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Chennai-28.

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2.The District Collector/The Chairperson, District High Level Monitoring Committee, Collectorate Building, Madurai District,

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Madurai.

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3.The Commissioner/Member-Convenor, District High Level Monitoring Committee, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam,

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Madurai-625 002.

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1/6

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

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W.P.(MD)No.17986 of 2025

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4.The Member Secretary/The Assistant Director, Town Planning Country, Sector 6, Anaiyur, Koodalpudur-Anaiyur, Madurai-625 017.

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5.The Assistant Commissioner, Zone 2 (North), Madurai Corporation Office, K.Pudur, Madurai-625 007.

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6.Balamurugan ...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents No.1 to 5 herein to Lock and Seal and remove/Demolish the unauthorized construction and building violation made by the sixth respondent Complex Buildings namely Balamurugan Textile Shop & Complex, at R.S.No.204/1B, Door No.10/5-1A1, Ward No.1, Neruji Main Road, New Vilangudi, Madurai City under the provisions of the Tamilnadu Town and Country Planning Act, 1971 on the basis of the representation of the petitioner dated 10.08.2023.

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For Petitioner : Mr.J.M.Arvind Pawlraj For R1, R2 & R4 : Mr.P.Thilakkumar Government Pleader For R3 & R5 : Mr.P.Anbunidhi For R6 : Mr.V.Kannan

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

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W.P.(MD)No.17986 of 2025

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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 No. 1 to 5 herein to Lock and Seal and remove/Demolish the unauthorized construction and building violation made by the sixth respondent Complex Buildings namely Balamurugan Textile Shop & Complex, at R.S.No.204/1B, Door No.10/5-1A1, Ward No.1, Neruji Main Road, New Vilangudi, Madurai City under the provisions of the Tamilnadu Town and Country Planning Act, 1971.

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The Corporation Authorities, Madurai has conducted survey and identified the deviations in the constructions. Since building plan approval granted by the authorities are violated, enforcement actions are initiated as against the sixth respondent.

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The learned Standing counsel appearing for the Madurai Corporation, on instructions, would submit that notice under Section 135 (4) of the Tamil Nadu Urban Local Bodies Act, 1998 was issued vide proceedings dated 18.07.2025.

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3/6

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

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W.P.(MD)No.17986 of 2025

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The learned counsel appearing for the sixth respondent would submit that no opportunity was granted to the sixth respondent to submit his explanations.

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In view of the said submission, the sixth respondent is at liberty to submit his explanations along with documents, if any, within a period of 10 days from today. On receipt of any such explanations, the Corporation authorities are directed to look into the said representation, take a final decision and continuing the enforcement actions. In respect of deviations if any identified, enforcement actions are directed to be completed within a period of twelve weeks thereafter.

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With the above directions, the writ petition is disposed of. No costs.

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(S.M.S., J.) & (A.D.M.C., J.) 04.08.2025

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NCC : Yes / No Index : Yes / No

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4/6

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

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W.P.(MD)No.17986 of 2025

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1.The Director of Municipal Administration, No.75, Urban Administrative Buildings, Santhom High Road, MRC Nagar, Chennai-28.

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2.The District Collector/The Chairperson, District High Level Monitoring Committee, Collectorate Building, Madurai District, Madurai.

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3.The Commissioner/Member-Convenor, District High Level Monitoring Committee, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam, Madurai-625 002.

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