Judgment · High Court
Case at a glance
Outcome
Disposed of
In view of the above, the writ petition is disposed of with a direction to the official respondents to pursue with the enforcement action and complete the process in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order
Provisions considered
Key paragraphs
- Para 66. In view of the final orders passed by the Municipality on 20.08.2025 directing the private respondents to remove the encroachment, no further orders are required. In view of the above, the writ petition is disposed of with a direction to the official respondents to…
Judgment
W.P.(MD)No.22571 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 25.08.2025CORAM:THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.P.(MD)No.22571 of 2025M.Devika ... Petitioner -Vs-1.The Commissioner, Thoothukudi Corporation, 113, Palayamkottai Road, Thoothukudi-628 202.
M.Gandhimathinathan3.M/s.Lakshmi Cafe represented by its Manager, No.45, Pudhukudi, Palayamkottai Road, Thoothukudi-628 008. ... RespondentsPRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to conclude the enquiry proceedings initiated vide notice dated 12.12.2024 as per the orders passed in W.P.No.3395 of 2023 dated 05.02.2025. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22571 of 2025 For Petitioner: Mr.G.Anto PrinceFor R1 : Mr.N.Anandakumar For R2 & R3: Mr.S.RadhakrishnanORDER(Order of the Court was made by G.ARUL MURUGAN, J.)Heard the learned counsel for the petitioner, Mr.N.Anandakumar, learned counsel for the first respondent and Mr.S.Radhakrishnan, learned counsel for the respondents 2 & 3. 2. The writ petition is filed seeking for a direction to direct the first respondent to conclude the enquiry proceedings initiated vide notice dated 12.12.2024.
It is the contention of the petitioner that the 2nd respondent has constructed a hotel namely M/s.Lakshmi Cafe without obtaining any proper permission from the competent authorities. The petitioner had submitted a representation dated 03.09.2024 in this regard and since no action was taken, he filed W.P.No.29973 of 2024. The writ petition was disposed of by order dated 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22571 of 202512.12.2024. Pursuant to which, the first respondent issued a show cause notice dated 12.12.2024 under Sections 134, 135 (1), (6) and 180 of the Tamil Nadu Urban and Local Bodies Act. In consequence to the notice issued, the private respondents submitted a reply and not satisfied with the explanation from the private respondents, first respondent has issued demolition notice on 21.01.2025.
The second respondent had challenged the show cause notice dated 12.12.2024 by filing a writ petition in W.P.No.3395 of 2025, whereby, the representation of the private respondents was directed to be considered.
In view of the directions issued, an enquiry was conducted by issuing enquiry notice to the respondents on 03.03.2025. The private respondents had participated in the enquiry and the reply dated 10.04.2025 was received on 23.04.2025. Further notice was also issued on 03.06.2025 for which, another reply was submitted on 12.06.2025. The competent authority, after considering the reply, has issued the final notice by proceedings dated 20.08.2025, wherein, it was found that the third respondent hotel had been constructed without getting proper approval. The authority had directed the second respondent to remove the un-authorised construction. Since no further enforcement action was 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22571 of 2025contemplated, the petitioner has come up with the present writ petition seeking for a direction to conclude the enquiry proceedings initiated on 12.12.2024.
Operative part
In view of the final orders passed by the Municipality on 20.08.2025 directing the private respondents to remove the encroachment, no further orders are required. In view of the above, the writ petition is disposed of with a direction to the official respondents to pursue with the enforcement action and complete the process in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. (S.M.S., J.) & (G.A.M., J.) 25.08.2025 NCC : Yes / NoIndex : Yes / Noam4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22571 of 2025To1.The District Collector, Pudhukottai District, Pudhukottai. 2. The Revenue Divisional Officer, Pudhukottai. 3. The Tahsildhar, Karamabakudi Taluk, Pudhukottai District.5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22571 of 2025S.M.SUBRAMANIAM, J.ANDG.ARUL MURUGAN, J.amW.P.(MD)No.22571 of 202525.08.20256/6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the writ petition is disposed of with a direction to the official respondents to pursue with the enforcement action and complete the process in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Urban and Local Bodies Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.