B.YASOTHAI AMMAL Vs. CHELLAVEERAMMAL

JUDGEMENT

(1.) This Review Application has been filed to review the order and direction passed in W.P.(MD).No.17215 of 2020, dated 21.04.2021.

(2.) The review applicant was impleaded as the fourth respondent in the writ petition filed by the first respondent herein. The writ petition was disposed of by direction to take action against the review applicant for putting up illegal and unauthorised construction. The respondent-Corporation has accordingly taken action and notice under Section 296(1)(c)(iii) of the Madurai City Municipal Corporation Act, 1971 ("the Act" for brevity) has been issued on 30.06.2021. The applicant has rushed to this Court and filed this Review Application largely on two grounds. Firstly, on the ground that without notice to the review applicant, the writ petition was disposed of. Secondly, on the ground that in terms of Section 296 (i)(c)(3i) of the Act, the Commissioner is empowered to issue appropriate directions to bring the building in conformity with the provisions of the Act or with the plan which has already been approved. Therefore, the review applicant would submit that they sent a representation on 03.07.2021 stating that they are inclined to file review against the order passed in the writ petition and requested not to take steps to demolish the unauthorised construction.

(3.) We have elaborately heard Mr.R.Janakiramulu, learned counsel appearing for the review applicant; Mr.R.Gandhi, learned counsel appearing for the first respondent-writ petitioner; Mr.T.S.Mohamed Mohideen, learned Standing Counsel appearing for the respondents 2 and 4 and Mr.A.K.Manikkam, learned Government Counsel appearing for the third respondent.