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2023 DAILYLAW 5186 (MAD)

V.N.PREMJITH v. GOVERNMENT OF TAMILNADU

CRP/1028/2023 · 2026-06-30

P B Balaji

Transfer Petitionbody2023

Judgment text

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CRP No. 1028 of 2023 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No.1028 of 2023 and CMP. No.7432 of 2023 V.N.Premjith ..Petitioner(s) Vs 1.Government of Tamil Nadu, represented by its Secretary, Municipal Administration and Water Supply (M.A.1) Department, Secretariat, Chennai- 600 009. 2.Commissioner, Udagamandalam Muncipality at Udagamandalam, The Nilgiris. ..Respondent(s) PRAYER: This Civil Revision Petition is filed under Section 217-L of the Tamil Nadu District Municipalities Act, Act V of 1920 as amended by Tamil Nadu Act VIII of 1992, as against the Letter No.37761/M.A.1/2009-3, dated 03.11.2022 (served on 08.12.2022 by the subordinates of the second respondent in person) on the file of the Principal Secretary to Government, Municipal Administration Water Supply (MA.1) Department, Secretariat, Chennai - 600 009, the first respondent herein confirming the order passed by the Commissioner, Uthagamandalam Muncipality, The Nilgiris and passed in U.A.C.No.10/98/S dated 06.08.2009. For Petitioner(s): For Respondent(s): Mr.N.Damodaran Mr.V.Prasad, Government Pleader for R1 Mr.P.Srinivas for R2 https://www.mhc.tn.gov.in/judis CRP No. 1028 of 2023 __________ Page2 of 4 ORDER Heard Mr.N.Damodaran, learned counsel for the petitioner and Mr.V.Prasad, learned Government Pleader appearing for the first respondent and Mr.P.Srinivas, learned counsel for the second respondent. 2. The learned counsel for the first respondent states that he has no instruction from the client. However, Mr.P.Srinivas, learned counsel for the second respondent/Municipality states that the petitioner has already approached the Government by way of an appeal under Section Section 217-K of the Tamil Nadu District Municipalities Act, Act V of 1920 as amended by Tamil Nadu Act VIII of 1992, (in short 'Act') and the appeal has been disposed of by proceedings in Letter No.37761/M.A.1/2009-3, dated 03.11.2022 (served on 08.12.2022 by the subordinates of the second respondent in person) on the file of the Principal Secretary to Government, Municipal Administration Water Supply (MA.1) Department, Secretariat, Chennai - 600 009. The said order has been challenged in the above revision even in the year 2023. 3. The learned counsel for the petitioner has brought to my notice from the order passed in CRP. NPD 1869 of 2022, dated 02.04.2022, where the revision under the similar circumstances was disposed of directing the petitioner to approach the Government under Section 217-Q of the Act, seeking exemption. The learned counsel also states that this revision has also been filed on the similar lines. However, according to the learned counsel for the https://www.mhc.tn.gov.in/judis CRP No. 1028 of 2023 __________ Page3 of 4 Municipality Mr.P.Srinivas, Section 217-Q of the Act, seeking for exemption which is not available to the petitioner as the petitioner does not qualify for the completion of the building within the cut-off date. He would however state that there is no impediment for the petitioner to carry out rectification, alteration or even demolition/reconstruction, to come within the permissible limits. One window is open to the petitioner to apply for regularisation and regularise the unlawful construction. 4. Considering that this revision petition has been pending for last three years, I am inclined to direct the petitioner to work out his remedy in accordance with law, under the provisions of the Tamil Nadu Urban Local Bodies Act, 1998, within a period of four (4) weeks. Any such application made by the petitioner for regularisation of approval of the unauthorised construction shall be considered on on its own merits and disposed of within eight (8) weeks thereafter. Till such time, no coercive steps shall be taken against the petitioner. 5. With the above direction, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP https://www.mhc.tn.gov.in/judis CRP No. 1028 of 2023 __________ Page4 of 4 P.B.BALAJI J. RKP To 1.The Secretary, Municipal Administration and Water Supply (M.A.1) Department, Secretariat, Chennai- 600 009. 2.Commissioner, Udagamandalam Muncipality at Udagamandalam, The Nilgiris. CRP No.1028 of 2023 and CMP. No.7432 of 2023 30-06-2026 https://www.mhc.tn.gov.in/judis