P.Mookkan v. The Secretary

Madras HC3 Feb 2025WP(MD)/2982/2025

Case brief

AI extract

What is this about?

Article 226 writ of mandamus; Madurai Bench of Madras High Court; Tiruchirappalli Municipal Corporation; restraint on coercive steps/demolition of building; notice Na.Ka.No.9612/2016/F1(va.ku.a-1) dated 19.09.2024; petitioner's reply/representation dated 30.09.2024; pending application DTCP/Reg-113C/619/2021 before first respondent; earlier order dated 06.09.2024 in W.P.(MD) Nos.2184 of 2015 and 23159 of 2022; writ petition disposed of with protective direction; no costs; single judge (Mummineni Sudheer Kumar, J.).

What did the court decide?

Direction to respondents 2 & 3 not to take any coercive steps against the petitioner's building unless and until appropriate orders are passed pursuant to the notice bearing Na.Ka.No.9612/2016/F1(va.ku.a-1), dated 19.09.2024; no costs. ¶¶22

P.Mookkan Vs The Secretary — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.2982 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.(MD) No.2982 of 2025

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P.Mookkan ... Petitioner

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-vs-

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1.The Secretary Urban & Housing Department Secretariat, Chennai 2.The Commissioner Tiruchirappalli Municipal Corporation Tiruchirappalli 3.Assistant Commissioner Zone 1 Tiruchirappalli Municipal Corporation Tiruchirappalli ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to consider the petitioner's representation dated 30.09.2024 and not to take any coercive steps till the disposal of the application in DTCP/Reg-113C/619/2021, on the file of the first respondent.

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Page 1 of 4

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

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W.P.(MD) No.2982 of 2025

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For Petitioner : Mr.S.Venkatesh For Respondents : Mr.A.Baskaran Additional Government Pleader for R1 Mr.R.Baskaran Standing Counsel for R2 & R3

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O R D E R

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This writ petition has been filed by the petitioner seeking a direction to the second respondent not to take any coercive steps till the disposal of the application in DTCP/Reg-113C/619/2021, on the file of the first respondent, by considering his representation dated 30.09.2024.

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2. Today, when the matter is taken up for consideration, learned Standing Counsel appearing for the respondents 2 & 3 submitted that there is no steps taken by the respondents 2 & 3 for demolition of the structure belonging to the petitioner and it is only basing upon the apprehension, the petitioner has approached this Court. He would further submit that the respondent – Corporation issued a notice dated 19.09.2024 and have also received a reply from the petitioner on 30.09.2024 and appropriate action would be taken only after considering the petitioner's reply and as per the

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Page 2 of 4

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

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W.P.(MD) No.2982 of 2025

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directions issued by this Court in the order dated 06.09.2024 passed in W.P. (MD) Nos.2184 of 2015 and 23159 of 2022.

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3. In the light of the said submission, this writ petition is disposed of with a direction to the respondents 2 & 3 not to take any coercive steps against the petitioner's building unless and until appropriate orders are passed pursuant to the notice bearing Na.Ka.No.9612/2016/F1(va.ku.a-1), dated 19.09.2024. No costs.

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03.02.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To: The Secretary, Urban & Housing Department, Secretariat, Chennai.

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_____________ Page 3 of 4_

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