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2025 DAILYLAW 14240 (MAD)

R.D.V.KAMARAJ v. THE DISTRICT COLLECTOR

WP/2769/2025 · 2025-04-01

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.No.2769 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.04.2025 CORAM : THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.P.No.2769 of 2025 R.D.V.Kamaraj .. Petitioner Vs 1. The District Collector Cuddalore District 2. The Commissioner Municipal Office Vriddhachalam Cuddalore District 606 001 3. The Tahsildar Taluk Office Vriddhachalam Cuddalore District 4. R.D.V.Ramalingam 5. R.Ramesh .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the 2nd respondent to demolish the unauthorized construction by the 4th and 5th respondents at Cuddalore ____________ p. 2 W.P.No.2769 of 2025 Road, D.No.112, S.No.110, Ward-E, Block-26, T.S.No.13. For Petitioner :: Mr.Avinashwadhwani For Respondents :: Mr.G.Ameedius Government Advocate for R1 & R3 Mr.P.Srinivas for R2 Mr.G.Suriya Narayanan for R4 & R5 ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ petition has been instituted to direct the second respondent to demolish the unauthorized construction made by the 4th and 5th respondents in the property situate at D.No.112, S.No.110, Ward-E, Block-26, T.S.No.13 in Cuddalore Road, Vridhachalam. 2. Mr.P.Srinivas, learned counsel appearing on behalf of the second respondent/Vridhachalam Municipality would submit that the complaint given by the writ petitioner has been acted upon and notice under Sections 133, 134 and 135(1) of the Tamil Nadu Urban Local Bodies Act, 1998 has been issued and thereafter a confirmation notice was also issued by the Municipality in proceedings dated 06.02.2025. Opportunity was provided to ____________ p. 3 W.P.No.2769 of 2025 the respondents 4 & 5 to demolish the unauthorized construction. 3. In view of the said enforcement action already initiated, the respondents 1 to 3 are directed to continue the enforcement action and demolish the unauthorized construction put up by the respondents 4 & 5 in the subject property, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition stands allowed. Consequently, W.M.P.No.3101 of 2025 is closed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes/no 01.04.2025 ss To 1. The District Collector Cuddalore District 2. The Commissioner Municipal Office Vriddhachalam Cuddalore District 606 001 3. The Tahsildar Taluk Office Vriddhachalam ____________ p. 4 W.P.No.2769 of 2025 Cuddalore District ____________ p. 5 W.P.No.2769 of 2025 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. ss W.P.No.2769 of 2025 01.04.2025 ____________