Abudhahir Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

Abudhahir Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to Respondents 1 and 2 to consider the petitioner's representation dated 30.01.2025 after giving sufficient opportunity of hearing to all parties and to pass appropriate orders on merits and in accordance with law within eight [8] weeks from receipt of a copy of the order; no costs.

Issue for consideration

Whether Respondents 1 and 2 (Trichy Municipal Corporation authorities) should be directed to consider and dispose of the petitioner's representation dated 30.01.2025 seeking removal of the alleged unauthorized construction encroaching the public road (Veedhi) in S.No.105, Block No.3, Ward O, Division No.2, Varaganeri, Trichy.

Court's answer

Without expressing any opinion on the merits, the Court directed Respondents 1 and 2 to consider the petitioner's representation dated 30.01.2025 after giving sufficient opportunity of hearing to all parties concerned and to pass appropriate orders on merits and in accordance with law within eight [8] weeks from receipt of a copy of the order.

Ratio / Principle

The Court confined itself to the limited scope of the prayer and expressly refrained from expressing any opinion on the merits of the petitioner's claim either in the representation or in the affidavit filed in support of the writ petition.

Key takeaways

Notice to the 3rd respondent (Kesavan) was dispensed with, since no adverse order was to be passed against him.obiter¶29

Detailed headnote1 paragraphs

Mandamus – Article 226, Constitution of India – Unauthorized construction allegedly encroaching public road (Veedhi) comprised in S.No.105, Block No.3, Ward O, Division No.2, Varaganeri, Trichy Corporation – Petitioner's representation dated 30.01.2025 to the Commissioner and Assistant Commissioner, Trichy Municipal Corporation kept pending without progress – Writ disposed of (by consent, at admission stage): Respondents 1 and 2 directed to consider the representation after giving sufficient opportunity of hearing to all parties concerned and pass appropriate orders on merits and in accordance with law within eight [8] weeks from receipt of copy of order – No opinion expressed on merits of claim in representation or supporting affidavit – Notice to 3rd respondent dispensed with, no adverse order against him – No costs. (Coram: Mrs. Justice J. Nisha Banu and Mrs. Justice S. Srimathy; order authored by J. Nisha Banu, J.)

W.P.(MD) No.4435 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 19.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

AND

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.4435 of 2025

Abudhahir

... Petitioner

-Vs-

1.The Commissioner, Trichy Municipal Corporation, Trichy.

2.The Assistant Commissioner, Trichy Corporation Division No.2, Trichy Municipal Corporation, Trichy.

3.Kesavan

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to take immediate action to remove the unauthorized construction made by the 3^rd respondent by encroaching the public road – Veedhi comprised in S.No.105 situated at Block No.3, Ward O, Division No.2 Varaganeri, Trichy Corporation, Trichy based on the petitioner's representation dated 30.01.2025 within the time stipulated by this Court.

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W.P.(MD) No.4435 of 2025

For Petitioner : Mr.B.Jameel Arasu For R1 & R2 : Mr.Kishore Ram, for M/s.R.B.Law Associates

ORDER

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

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

It is the grievance of the petitioner that his representation dated 30.01.2025, seeking removal of the unauthorized construction made by the 3 rd respondent by encroaching the public road – veedhi comprised in S.No.105 situated at Block No.3, Ward O, Division No.2 Varaganeri, Trichy Corporation, Trichy, is kept pending till date without any progress. Therefore, he has filed this Writ Petition, seeking for a direction to the respondents 1 and 2 to take immediate action to remove the unauthorized construction made by the 3^rd respondent.

3.Mr.Kishore Ram, learned counsel, who takes notice on behalf of the respondents 1 and 2, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

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W.P.(MD) No.4435 of 2025

4.Notice to the 3^rd respondent is hereby dispensed with, since no adverse order is going to be passed as against him.

5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the respondents 1 and 2 to consider the representation of the petitioner dated 30.01.2025, after giving sufficient opportunity of hearing to all the parties concerned and pass appropriate orders on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

[J.N.B., J.] & [S.S.Y., J.] 19.02.2025

NCC : Yes / No Index : Yes / No

Yuva

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W.P.(MD) No.4435 of 2025

J.NISHA BANU, J. AND

S.SRIMATHY, J.

Yuva

To

1.The Commissioner, Trichy Municipal Corporation, Trichy.

2.The Assistant Commissioner, Trichy Corporation Division No.2, Trichy Municipal Corporation, Trichy.

W.P.(MD)No.4435 of 2025

19.02.2025

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