Writ petition seeking demolition of an illegal construction allegedly encroaching a public street in Paramakudi. The court directed the Municipal Commissioner to consider the petitioner's representation and pass orders on merits within twelve weeks, without expressing opinion on merits.
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W.P.(MD) No.6284 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.6284 of 2025 and W.M.P.(MD)No.4634 of 2025
S.Ramamoorthy
... Petitioner
-Vs-
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W.P.(MD) No.6284 of 2025
5.The Tahsildar, Tahsildar Office, Paramakudi, Ramanathapuram District.
6.M.Muthukoori
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to demolish the illegal construction made in the portion of the public street which runs from South to North and from East to West in Survey No.27 at Ward-H, Block No.26, 1st Street, Mathavan Nagar, Paramakudi, Ramanathapuram District by the 6th respondent in the light of the proceedings dated 02.08.2024 in Notice No.4/F1/2024 and subsequently, directing the respondents 1 to 5 to remove the said encroachment.
For Petitioner : Mr.K.Saravanan For R1, R2, R4 : Mr.P.Thilak Kumar, & R5 Government Pleader For R3 : Mr.M.Kannan, Standing Counsel
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.
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W.P.(MD) No.6284 of 2025
17.12.2024 to demolish the illegal construction made by the 6 th respondent in the portion of the public street, which runs from South to North and from East to West in Survey No.27 at Ward-H, Block No.26, 1 st Street, Mathavan Nagar, Paramakudi, Ramanathapuram District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer.
3.Mr.P.Thilak Kumar, learned Government Pleader takes notice on behalf of the respondents 1, 2, 4 and 5. Mr.M.Kannan, learned Standing Counsel, who takes notice for the 3rd respondent, 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.
4.Notice to the 6th respondent is dispensed with, since no adverse order is going to be passed as against the 6th respondent.
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 3rd respondent to consider the representation of the
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W.P.(MD) No.6284 of 2025
petitioner dated 17.12.2024, after giving sufficient opportunity of hearing to the
petitioner and the 6th respondent and pass appropriate orders on merits and in accordance with law within a period of twelve (12) 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. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.] 11.03.2025
NCC : Yes / No Index : Yes / No
Yuva
To
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W.P.(MD) No.6284 of 2025
4.The District Collector / Monitoring Committee, Ramanathapuram District, Ramanathapuram.
5.The Tahsildar, Tahsildar Office, Paramakudi, Ramanathapuram District.
8/74, Mathavan Nagar, Paramakudi, Ramanathapuram District.
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W.P.(MD) No.6284 of 2025
J.NISHA BANU, J. AND S.SRIMATHY, J.
Yuva
W.P.(MD)No.6284 of 2025
11.03.2025
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1 issue framed by the court
Should the Commissioner consider the petitioner's representation seeking demolition of alleged illegal construction encroaching a public street?
1 provisions across 1 enactments
S.Ramamoorthy
The Directorate of Municipal Administration
The Regional Director, Municipal Administrative Regional Director Office, Kochadai, Madurai
The Commissioner, Paramakudi Municipality
The District Collector / Monitoring Committee, Ramanathapuram District
The Tahsildar, Paramakudi
J.Nisha Banu
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
