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P.Murugan v. The Commissioner

Madras HC19 Feb 2025WP(MD)/4386/2025

Case brief

AI extract

What is this about?

Unauthorized construction demolition notice quashed for lack of particulars; Veerapandi Town Panchayat Commissioner; Theni District; S.No.234/1A Mariammankoilpatti; writ of certiorari under Article 226; fresh notice with extent of construction; reasoned orders on merits within eight weeks; W.P.(MD)No.4386 of 2025; W.M.P.(MD)No.3143 of 2025; Madurai Bench; decision date 19.02.2025; petitioners P.Murugan and M.Shanthi; counsel R.Suriya Narayanan and D.Farjana Ghoushia (Special Government Pleader).

What did the court decide?

Impugned notice dated 25.11.2024 set aside; first respondent to issue fresh notice specifying the extent of the unauthorized construction, consider the petitioners' reply and pass fresh orders on its own merits and in accordance with law within eight weeks; no costs; connected miscellaneous petition (W.M.P.(MD)No.3143 of 2025) closed.

P.Murugan Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice dated 25.11.2024 issued by the first respondent directing demolition of the alleged unauthorized construction is arbitrary and illegal and liable to be quashed. +1 more

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Court's answer

Writ petition allowed; the first respondent is directed to issue a fresh notice to the petitioner mentioning the extent of the unauthorized construction, receive the petitioner's reply, and pass appropriate orders on its own merits and in accordance with law, completing the exercise within eight weeks from the date of receipt of a copy of the order; no costs; connected miscellaneous petition closed.

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Ratio / Principle

The impugned notice dated 25.11.2024 is bereft of particulars as to the extent of the unauthorized construction and is, on that ground, liable to be set aside and is accordingly set aside.

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Detailed headnote1 paragraphs

Certiorari allowed — Madras High Court (Madurai Bench), Division Bench of Mrs. Justice J. Nisha Banu (author) and Mrs. Justice S. Srimathy, W.P.(MD)No.4386 of 2025, decided 19.02.2025: The notice dated 25.11.2024 (Na.Ka.No.19/2023) issued by the Commissioner, Veerapandi Town Panchayat, Theni District, directing demolition of unauthorized construction in S.No.234/1A, Mariammankoilpatti, Veerapandi, was held bereft of particulars as to the extent of the unauthorized construction and was set aside on that ground. The first respondent was directed to issue a fresh notice mentioning the extent of the unauthorized construction, take the petitioners' reply on record, and pass appropriate orders on its own merits and in accordance with law, completing the exercise within eight weeks of receipt of a copy of the order. No costs; connected miscellaneous petition closed.

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W.P.(MD) No.4386 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.02.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P.(MD)No.4386 of 2025 and W.M.P.(MD)No.3143 of 2025

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1.P.Murugan 2.M.Shanthi

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... Petitioners

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-Vs-

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1.The Commissioner, Veerapandi Town Panchayat, Theni District.

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2.V.K.Bhojan ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relates to the order passed by the 1^st respondent in Na.Ka.No.19/2023, dated 25.11.2024 and quash the same as it is arbitrary and illegal.

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For Petitioners : Mr.R.Suriya Narayanan For R1 : Mrs.D.Farjana Ghoushia, Special Government Pleader

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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.4386 of 2025

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ORDER

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[Order of the Court was made by J.NISHA BANU, J. ]

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By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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2.The notice of the 1^st respondent dated 25.11.2024, directing the petitioner to demolish the unauthorized construction put up in S.No.234/1A, situated at Mariammankoilpatti, Veerapandi, is under challenge in this Writ Petition.

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3.Heard Mr.R.Suriya Narayanan, learned counsel for the petitioners and Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the 1^st respondent and perused the materials available on record, particularly, the impugned order of the 1^st respondent dated 25.11.2024.

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4.On perusal, this Court is of the view that the impugned order is bereft of particulars as to the extent of the unauthorized construction. Therefore, on this ground, the same is liable to be set aside, accordingly, it is set aside. This Writ Petition is allowed with a direction to the 1^st respondent to issue fresh notice to 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.4386 of 2025

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petitioner by mentioning the extent of the unauthorized construction, for which, the petitioners shall give his reply. On receipt of such reply, the 1^st respondent is directed to pass appropriate orders on its own merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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[J.N.B., J.] & [S.S.Y., J.] 19.02.2025 (½)

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NCC : Yes / No Index : Yes / No Yuva To The Commissioner, Veerapandi Town Panchayat, Theni District.

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Page 3 of 4

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

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W.P.(MD) No.4386 of 2025

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J.NISHA BANU, J. AND S.SRIMATHY, J.