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2012 Supreme(Mad) 4476

R.SUDHAKAR
Apesh Construction Limited, New Delhi – Appellant
Versus
Corporation of Madurai, through its Commissioner, Arignar Anna Maligai, Madurai – Respondent


Advocates Appeared:
For the Petitioner:P.S. Raman, Senior Counsel for M. Siddharthan, Advocate.
For the Respondents:R2 - K. Chellapandian, Additional Advocate General - III, assisted by A.K. Baskarapandian, Special Govt. Pleader, R1 - G.R. Swaminathan, Advocate.

Order:

1. These batch of writ petitions have been filed challenging the notice issued by the second respondent - Madurai Local Planning Authority, issued under Sections 56, 57, 85 read with Section 49 of the Tamil Nadu Town and Country Planning Act, 1971.

2. The impugned notices in all these cases, are almost the same. By consent all the writ petitions have been taken up together for disposal.

3. The Member Secretary of the Madurai Local Planning Authority has issued the notices stating that the petitioners' buildings under construction or that have been completely constructed are unapproved. The construction has been put up without obtaining the approval as per Section 49 of the Tamil Nadu Town and Country Planning Act, 1971. The petitioners were called upon to remove the buildings and restore the properties to the old position within 30 days of the receipt of the notice, failing which action will be taken under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, by way of sealing and demolishing the buildings. In such circumstances, these batch of writ petitions have been filed.

4. For the purpose of disposal of these writ petitions, the facts in the case of






























































































































































































































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