The court has the power to issue a writ of mandamus to compel a public authority to perform its statutory duty.

W.P.(MD) No.317 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

and

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD) No.317 of 2023

and W.M.P.(MD)No.314 of 2023

1.P.Ashwath Raja

2.Mrs.Jayashree Shyam Shankar

... Petitioners

Vs.

1.The Commissioner,

Rajapalayam Municipality,

Rajapalayam,

Virudhunagar District - 626 117.

2.T.V.Alagar Raja

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a

Writ of Mandamus, directing the official respondents to forbear the 2^nd

respondent from putting up any unauthorized construction in the subject

property measuring 23 cents in T.S.No.58 and 31.75 cents in T.S.No.55 in Block

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W.P.(MD) No.317 of 2023

No.7 in Ward C corresponding to old Revenue Survey Number 297 in

Dharmapuram, Pappu Raja Street, Rajapalayam without obtaining any planning

permission from 1^st respondent Municipality or from any other statutory

authority.

For Petitioners

:

Mr.S.Ramesh

For Respondents

:

Mr.N.Dilip Kumar,

Standing Counsel for R1

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.]

This Writ Petition has been filed for issuance of a Writ of Mandamus,

directing the official respondents to forbear the 2^nd respondent from putting up

any unauthorized construction in the subject property measuring 23 cents in

T.S.No.58 and 31.75 cents in T.S.No.55 in Block No.7 in Ward C corresponding

to old Revenue Survey Number 297 in Dharmapuram, Pappu Raja Street,

Rajapalayam without obtaining any planning permission from the 1^st respondent

Municipality or from any other statutory authority.

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W.P.(MD) No.317 of 2023

2. Heard Mr.S.Ramesh, learned counsel for the petitioner and

Mr.N.Dilipkumar, learned Standing Counsel, who takes notice for the first

respondent. Considering the nature of the order proposed to be passed in this

Writ Petition, notice to the 2^nd respondent is dispensed with.

3. By consent of both parties, this Writ Petition is taken up for final

disposal at the admission stage itself.

4. The learned counsel for the petitioner submitted that the first petitioner

is the power agent of the second writ petitioner and the petitioners' mother has

filed a suit in O.S.No.79 of 2018 before the District Court, Virudhunagar District

for partition and the consequential relief of permanent injunction. The said suit

was dismissed for default and the petitioners have filed an application for

restoration of the said suit. He further submitted that taking advantage of the

dismissal of the suit, the 2^nd respondent is attempting to put up construction in

the subject property. Hence, the petitioner made a representation 0n 06.11.2022,

seeking for action to remove the unauthorised construction of the building in the

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W.P.(MD) No.317 of 2023

aforesaid subject matter of property. But, till date no action has been taken by

the respondents for removal of the said unauthorised construction. Hence, the

petitioner has filed this writ petition.

5. The learned Standing Counsel appearing for the first respondent

submitted that the second respondent has not filed any application for

construction of the building, but he has constructed only a temporary shed for

vehicle parking. He further submitted that if any illegal construction is made by

the second respondent, the first respondent will take necessary action for

removal of the same.

6. Recording the aforesaid submission, this Writ Petition is disposed of.

No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.]

06.01.2023

NCC

: Yes / No

Index

: Yes / No

vsm

_______