IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Deepa – Appellant
Versus
The Block Development Officer Pollachi North, Pollachi – Respondent
WP No. 43196 of 2025|W.M.P.No.48348 of 2025
| Table of Content |
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| 1. prior writ disposed directing joint inspection. (Para 5) |
(Order of the Court was made by S.M.Subramaniam J.)
The enforcement action initiated through the impugned notice dated
22.10.2025 is under challenge in the present writ proceedings.
2. Initially, the 3rd respondent, N.Senthilkumar, filed W.P.No.3690 of
2021 seeking removal of unauthorised construction made by the writ petitioner Mrs.Deepa herein. The said writ petition was disposed of by the Division Bench of this Court, vide order dated 22.02.2021.
5.Though the petitioner prays for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this Writ Petition, directs the respondents 2 and 3 to put the petitioner as well as the 4th respondent on notice and cause inspection of the premises of the petitioner as well as the 4th respondent and if any infraction is noted, shall take immediate, necessary and appropriate action in accordance with law, by also adhering to the principles of natural justice and complete the said exercise within a period of eight weeks from the date of receipt of a copy of this order / uploading of the order in the website and communicate the decision taken to the petitioner as well as to the 4th respondent.
3. In pursuance to the above order, show cause notice was issued to the writ petitioner by the competent authority. Again, the writ petitioner filed W.P.No.18916 of 2022, which was disposed of by the learned single Judge of this Court on 26.07.2022, as under:
7. I am inclined to dispose this writ petition at the time of admission by dispensing with a notice on the 2nd respondent and requirement for a counter. Prima facie, it appears that the impugned notice/proceedings has been initiated against the petitioner contrary to the directions contended in order dated 22.01.2022 in W.P.No.3690 of 2021 initiated by the 2nd respondent herein. The impugned notice/proceedings is directed to be treated as a show cause notice to the petitioner to remove the constructions in contraventions of permission dated 05.06.2020 as a notice. The petitioner is directed to file a reply, if any, within a period of 15 days from the date of receipt of a copy of this order. On receipt of such reply, the 1st respondent shall consider and pass appropriate orders within a period of 30 days thereafter. Since the proceedings was initiated by the 2nd respondent, before passing such order, the 2nd respondent shall also be heard.
8.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
4. Thereafter, yet another notice came to be issued on 22.10.2025, which is under challenge in the present writ petition. For the same cause of action multiple writ proceedings have been instituted by the petitioner, which cannot be appreciated. The petitioner, instead of submitting explanation to the authorities, has chosen to file the present writ petition, which is not entertainable. Thus, liberty is granted to the petitioner to submit explanation, if not already submitted. On receipt of such representation, the authorities/respondents shall consider the same and proceed with the enforcement action, if any unauthorised construction is made, by following the procedures as contemplated under the relevant provisions of statutes and rules in force. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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