SIVAKASI SHATIRYAKULA NADAR v. USILAMPATTI MUNICIPALITY
WP(MD)/1076/2019 · 2026-07-30
M Dhandapani
Transfer Petitionbody2019
DailyLaw.ai
[ 2019 DAILYLAW 3893 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3893 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P(MD)No.1076 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.1076 of 2019 and W.M.P(MD)No.897 of 2019 Sivakasi Shatiryakula Nadar Uravinmurai (A Trust) Running the Peravai Arangu Usilampatti, Through its President, Usilampatti, Madurai District. ... Petitioner Vs Usilampatti Municipality, Through its Commissioner, Usilampatti, Madurai District. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to quash the impugned notices in Na.Ka.No. 2324/2017/F1-1 dated 21.12.2018, 24.12.2018 and 08.01.2019 on the file of the respondent as illegal, arbitrary, malafide and baseless. 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.1076 of 2019 For Petitioner : Mr.H.Lakshmi Shankar For Respondent : Mr.A.Kannan ORDER This Writ Petition has been filed seeking the issuance of a Writ of Certiorari to call for the records relating to the impugned notices dated 21.12.2018, 24.12.2018 and 08.01.2019 issued by the respondent and quash the same. 2.The learned counsel appearing for the petitioner submitted that the petitioner is a Trust engaged in various charitable activities, including providing educational assistance to poor students, extending financial support to destitute widows, and carrying out several other philanthropic activities. The petitioner has also been running a Kalyana Mandapam for the past 43 years. While so, during the year 2018, the respondent issued the impugned show cause notices alleging that the petitioner was running the Kalyana Mandapam without obtaining planning permission. Aggrieved by the said notices, the present Writ Petition has been filed. 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.1076 of 2019 3.The learned counsel for the petitioner further submitted that the petitioner is in possession of the planning approval granted in the year 2015 for the modifications carried out in the building. However, the original planning approval relating to the existing structure is not readily available. It is submitted that the petitioner has already requested the respondent to trace out the relevant records. Therefore, the petitioner seeks permission to submit a detailed explanation along with the available planning approval within the time to be stipulated by this Court.
It is further submitted that, upon receipt of such explanation, the respondent may be directed to consider the same and pass appropriate orders in accordance with law, and, if found necessary, permit the petitioner to submit an application for regularisation in terms of the order passed by the Division Bench of this Court in W.P.(MD) No.20826 of 2017, dated 26.02.2024, [P. Prakash v. The District Collector and others]. 4.Heard the learned counsel appearing on either side and perused 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.1076 of 2019 the materials available on record. 5.Considering the submissions made by the learned counsel for the petitioner, without expressing any opinion on the merits of the case, the petitioner is directed to submit a detailed explanation, along with all available planning approvals and other relevant documents, to the respondent within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent shall consider the petitioner's explanation, afford an opportunity of personal hearing, if required, and pass appropriate orders on merits and in accordance with law. If it is found that the petitioner is entitled to seek regularisation, it is open to the petitioner to submit an appropriate application in terms of the order passed by the Division Bench of this Court in W.P.(MD) No.20826 of 2017, dated 26.02.2024, and the respondent shall deal with the same in accordance with law. 6.With the above observations and directions, this Writ Petition 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.1076 of 2019 stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 30.07.2026 NCC : Yes / No Index : Yes / No ps To Usilampatti Municipality, Through its Commissioner, Usilampatti, Madurai District. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.1076 of 2019 M.DHANDAPANI, J. ps W.P(MD)No.1076 of 2019 30.07.2026 6/6 https://www.mhc.tn.gov.in/judis