Disposed¶31

M.Haja Thawfeeq v. The Ombudsman

Madras HC10 Jan 2025WP(MD)/916/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.916 of 2025; M.Haja Thawfeeq v. The Ombudsman, Tamil Nadu Local Bodies Ombudsman and others; unauthorized construction; encroachment removal; Survey No.468/1A, Chinna Nesavu Street, Kayalpattinam, Thoothukudi District; Order No.162/N/2022 dated 30.10.2022; implementation/compliance direction within four weeks; Commissioner, Kayalpattinam Municipality; Article 226 writ of mandamus; Madurai Bench of Madras High Court; L. Victoria Gowri; writ petition disposed; no order as to costs; notice to 5th respondent dispensed with.

What did the court decide?

Direction to the 4th respondent to implement the order of the first respondent (Order No.162/N/2022 dated 30.10.2022) within four weeks from receipt of copy of this order; no order as to costs. ¶31

M.Haja Thawfeeq Vs The Ombudsman — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the 4th respondent to implement the order of the first respondent (Order No.162/N/2022 dated 30.10.2022) within four weeks from receipt of copy of this order; no order as to costs.

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Issue for consideration

Whether the 4th respondent (Commissioner, Kayalpattinam Municipality) should be directed to implement the order passed by the first respondent (Tamil Nadu Local Bodies Ombudsman) as Order No. 162/N/2022, dated 30.10.2022, arising from the complaint of unauthorized construction/encroachment at Survey No.468/1A, Kayalpattinam.

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Court's answer

Recording the Government Advocate's written-instruction submission that respondents 2 and 3 were in the process of implementing the first respondent's order, the Court disposed of the writ petition with a direction to the 4th respondent to implement the first respondent's order within a period of four weeks from the date of receipt of copy of the order, with no order as to costs.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single-judge order of L. Victoria Gowri, J., dated 10.01.2025, disposing of W.P.(MD)No.916 of 2025. Filed under Article 226 of the Constitution of India for a Writ of Mandamus, the petition sought implementation of the Tamil Nadu Local Bodies Ombudsman's Order No.162/N/2022 dated 30.10.2022, which arose from a complaint of unauthorized construction at Survey No.468/1A, Chinna Nesavu Street, Kayalpattinam, Thoothukudi District, and directed removal of encroachment, if any, by the 4th respondent (Commissioner, Kayalpattinam Municipality). Recording the Government Advocate's written-instruction statement that respondents 2 and 3 were already in the process of implementing the Ombudsman's order, the Court directed the 4th respondent to implement the order within four weeks from receipt of copy of the order, with no order as to costs. Notice to the 5th respondent (Kumar Singh) was dispensed with considering the limited scope of relief. No precedent cases were cited and no dissenting opinion exists.

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W.P.(MD)No.916 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 10.01.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD)No.916 of 2025

M.Haja Thawfeeq

... Petitioner

Vs.

1.The Ombudsman, O/o. Tamil Nadu Local Bodies Ombudsman, No.100, Anna Saalai, Guindy, Chennai – 600032.

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2.The Director (Administration),

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O/o. The Director of Administration, No.75, Santhome Main Road, Raja Annamalaipuram, Chennai – 600028.

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3.The Joint Director/The Nodal Officer, O/o. The Director of Administration, No.75, Santhome Main Road, Raja Annamalaipuram, Chennai – 600028.

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4.The Commissioner, Kayalpattinam Municipality, Kayalpattinam, Thoothukudi District – 628 204.

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5.Kumar Singh

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to

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https://www.mhc.tn.gov.in/judis 1/5

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W.P.(MD)No.916 of 2025

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implement to order of respondent No.1 through Order No.162/N/2022 dated 30.10.2022.

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For Petitioner : Mr.C.M.Mari Chelliah Prabhu For 1^st Respondent : Mr.D.Shanmugaraja Sethupathy For Respondents 2 & 3 : Mr.S.Kameshwaran Government Advocate For 4^th Respondent : Mr.V.Nirmal Kumar Standing Counsel

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ORDER

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Considering the limited scope of relief sought for, notice to the 5 th respondent is dispensed with.

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2.This Writ Petition is filed, seeking to direct the 4 th respondent to implement the order passed by the first respondent, by Order No. 162/N/2022, dated 30.10.2022.

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Heard the learned counsels on either side and carefully perused the entire materials available on record.

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4.The petitioner made a complaint with respect to an unauthorized construction at Survey No.468/1A, Chinna Nesavu Street, Kayalpattinam, Thoothukudi District, to the first respondent. The first respondent on receipt of the same, initiated an enquiry in which, the 4 th respondent duly appeared and the petitioner was also given an opportunity of hearing and thereafter, passed an order, directing the 4 th respondent to remove the

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.(MD)No.916 of 2025

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encroachment, if any.

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5.The learned Government Advocate appearing for the respondents 2 and 3 on written instructions submitted that they are in the process of implementing the order passed by the first respondent.

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6.Recording the same, this Writ Petition is disposed of with a direction to the 4 th respondent to implement the order of the first respondent within a period of four weeks from the date of receipt of copy of this order. There shall be no order as to costs.

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10.01.2025

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

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https://www.mhc.tn.gov.in/judis 3/5

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W.P.(MD)No.916 of 2025

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