Madras High Court
J.Senthil Rajesh vs The Chief Secretary on 6 September, 2024
Bench: D.Krishnakumar, Mohammed Shaffiq
W.P.(MD).No.1204 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2024
CORAM
THE HONOURABLE MR.D.KRISHNAKUMAR,
THE ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.(MD).No.1204 of 2018
and
W.M.P.(MD)Nos.1285, 7545, and 16704 of 2018
J.Senthil Rajesh .. Petitioner
Vs.
1.The Chief Secretary,
State of Tamil Nadu,
Secretariat, Fort St.George,
Chennai.
2.The Secretary,
Municipal Administration and Water Supply Department,
State of Tamil Nadu,
Secretariat, Fort St.George,
Chennai.
3.The Secretary,
Housing and Urban Development Department,
State of Tamil Nadu,
Secretariat, Fort St.George,
Chennai.
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W.P.(MD).No.1204 of 2018
4.The Commissioner of Town and Country Planning,
Office of the Commissioner of Town and Country Planning,
Chennai - 2.
5.The District Collector,
Office of the District Collector,
Thoothukudi District.
6.The Regional Deputy Director,
Town and Country Planning,
Tirunelveli Region, Tirunelveli.
7.The Executive Officer,
Special Grade Town Panchayat,
Thiruchenthur, Thoothukudi District.
8.Chandhirasekar,
Proprietor, Annam Lodge,
No.99, Kalyalpatnam Road,
Tiruchendur, Thoothukudi District.
9.Poongani,
Proprietor, Golden Grand Lodge,
No.31/3, TB Road, Saravanapoigai Road,
Tiruchendur, Thoothukudi District.
10.Manickam,
Proprietor, Balaji Lodge, TB Road,
Tiruchendur, Thoothukudi District.
11.Pandiyarajan
Proprietor, KTM Lodge,
No.138, Santhanamariamman Kovil Street,
Tiruchendur, Thoothukudi District.
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W.P.(MD).No.1204 of 2018
12.Yabes,
Proprietor, Kurinchi Lodge,
Santhanamariamman Kovil Street, Tiruchendur,
Thoothukudi District.
13.S.K.Chandhirasekar
Proprietor, Azhagan Residency,
No.335, Santhanamariamman Kovil Street,
Tiruchendur, Thoothukudi District.
14.Prabu,
Proprietor, Mini Seetharam Lodge,
No.350, Santhanamariamman Kovil Street,
Tiruchendur, Thoothukudi District.
15.Gnanarajkovil Pillai,
Proprietor, Siva Murugan Mini Lodge,
Santhanamariamman Kovil Street,
Tiruchendur, Thoothukudi District.
16.Sree Dharmapura Athinam,
Sri Shanmugar Mahal, Santhanamariamman Kovil Street,
Tiruchendur, Thoothukudi District.
17.Ramani,
Proprietor, Hotel Mani Iyeer, Kovil Street,
Tiruchendur, Thoothukudi District.
18.Rajkanna,
Proprietor, Hotel Main Iyyer (Dharmass Grand),
Kovil Street, Tiruchendur,
Thoothukudi District.
19.Ganarajkovil Pillai,
Proprietor, Siva Murugan Lodge & Mahal
Sannthi Street, Tiruchendur,
Thoothukudi District.
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W.P.(MD).No.1204 of 2018
20.Nattukottai Cheittiyar Lodge,
Sannathi Street, Tiruchendur,
Thoothukudi District.
21.Parthasarathi,
Proprietor, Balamurugan Residency,
Puliadiamman Kovil Street, Tiruchendur,
Thoothukudi District.
22.Pitchaiya,
Proprietor, Hotel Visage, No.10/1,
East Car Street, Tiruchendur,
Thoothukudi District.
23.Lakshman,
Proprietor, L.S.Jewelrey, No.10/1, East Car Street,
Tiruchendur, Thoothukudi District.
24.Perumal,
Proprietor, Chakkaravarthi Inn Lodge,
Kayalpatannam Road, Tiruchendur,
Thoothukudi District.
25.Petchimuthu,
Proprietor, Vairavel Lodge,
Santhanamariamman Kovil Street, Tiruchendur,
Thoothukudi District.
26. Anadaraj,
Proprietor, Udhayam International Lodge,
Santhanamariamman Kovil Street, Tiruchendur,
Thoothukudi District.
27.Rajgopal,
Proprietor, Thilagam Lodge,
Santhanamariamman Kovil Street, Tiruchendur,
Thoothukudi District.
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W.P.(MD).No.1204 of 2018
28.Thangaraj,
Proprietor, Ranthina Lodge, Kovil Street,
Tiruchendur, Thoothukudi District.
29.Esakki Konar,
Proprietor, Gowri Sankar Lodge, Kovil Street,
Tiruchendur, Thoothukudi District.
30.Ranganadhan,
Proprietor, Asuvini Lodge, Kovil Street,
Tiruchendur, Thoothukudi District.
31.Ramesh Iyer,
Proprietor, Ramesh Iyeer Hotel,
Santhanamariamman Kovil Street, Tiruchendur,
Thoothukudi District.
32.Chandiran,
Proprietor, Chithira Park Lodge,
Santhanamariamman Kovil Street, Tiruchendur,
Thoothukudi District.
33.Ramakrishnan,
Proprietor, Annamalai Lodge,
Santhanamariamman Kovil Street,
Tiruchendur,
Thoothukudi District.
34.Subramaniyan,
S/o.Late.Moorthi Iyer, Moorthymani Iyyar
Lodge, Subramaniyapuram, Tiruchendur,
Thoothukudi District.
35.Ramakrishnan,
Proprietor of a Lodge Under Construction,
Subramaniyapuram, Tiruchendur,
Thoothukudi District.
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W.P.(MD).No.1204 of 2018
36.Arumugam,
Proprietor of a Lodge Under Construction,
Subramaniyapuram, Tiruchendur,
Thoothukudi District.
37.Rangan,
Proprietor, Bharath Residency,
Subramaniyapuram, Tiruchendur,
Thoothukudi District.
38.Mookan,
Proprietor, Senthil Kumaran Lodge,
Sabapathipuram Street, Tiruchendur,
Thoothukudi District.
39.Nambirajan,
Proprietor,
Saravanaas Lodge, Sabapathipuram Street,
Tiruchendur, Thoothukudi District.
40.Sorna Chithambaram,
Proprietor, Annamalai Residency,
Kayalpatannam Road, Tiruchendur,
Thoothukudi District.
41.Shanmugavel,
Proprietor,
Kani Lodge, Santhanamariamman Kovil Street,
Tiruchendur,
Thoothukudi District.
42.Hariharan,
Proprietor,
Hari Iyyer Lodge,
North Mariamman Kovil Street,
Tiruchendur,
Thoothukudi District.
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W.P.(MD).No.1204 of 2018
43.Prabhu Kandh,
Proprietor,
Chendur Residency,
Santhanamariamman Kovil Street,
Tiruchendur,
Thoothukudi District.
44.K.Sundar,
Proprietor,
TVK Lodge and Mahal,
Santhanamariamman Kovil Street,
Tiruchendur,
Thoothukudi District.
45.T.V.K.Raja,
Proprietor,
Seetharam Lodge,
690/1, Kovil Street,
Tiruchendur,
Thoothukudi District.
46.Subbarayalu,
Proprietor, Ashok Bhavan Hotel and Lodge,
Kovil Street, Tiruchendur, Thoothukudi
District.
47.Subbarayalu,
Proprietor, Saravana Lodge, Kovil Street,
Tiruchendur, Thoothukudi District.
48.Vel Thevar,
Proprietor, Vel Manikkam Lodge, Kovil Street,
Tiruchendur, Thoothukudi District.
49.Mookkammal,
Proprietor, Chakkaravarthi Lodge, Kovil
Street, Tiruchendur, Thoothukudi District.
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W.P.(MD).No.1204 of 2018
50.Manickam Nadar,
Proprietor, Chakkaravarthi Lodge,
No.564, Kovil Street, Tiruchendur,
Thoothukudi District.
51.Kittappa,
Proprietor, Archana Lodge, Sannathi Street,
Tiruchendur, Thoothukudi District.
52.Gopal,
Proprietor, LS.Stationary, No.202,
Melaradha Street, Tiruchendur,
Thoothukudi District.
53.Gopal,
Proprietor, Anandha Computers,
Melaradha Street, Tiruchendur,
Thoothukudi District.
54.Rayan,
Velankani, No.5, North Car Street,
Tiruchendur, Thoothukudi District.
55.Ganesan,
Proprietor, Arun Medicals, North Car Street,
Tiruchendur, Thoothukudi District.
56.Subramaniyan,
Mykalayan, Melaradha Street, Tiruchendur,
Thoothukudi District.
57.Subramaniya Vagaiyara,
Proprietor, Arumugam Textiles,
North Car Street, Tiruchendur,
Thoothukudi District.
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W.P.(MD).No.1204 of 2018
58.The President,
Karukurichi Devargal Madam,
No.177, North Car Street, Tiruchendur,
Thoothukudi District.
59.Velmurugan,
Proprietor, Velavan Store, North Car Street,
Tiruchendur, Thoothukudi District.
60.Thayanidhi,
Proprietor, Hari Narayanana Store,
No.43, North Car Street, Tiruchendur,
Thoothukudi District.
61.Sree Thiruvadudurai Athinam,
Anand Jewelery, Palaynankottai Road,
Tiruchendur, Thoothukudi District.
62.K.Venkatasen,
Proprietor, Vivega Computers,
Palaynankottai Road, Tiruchendur,
Thoothukudi District.
63.The President,
Hindu Saiva Maruthuva Samuthaiya Kattitam,
No.33, Sannathi Street, Tiruchendur,
Thoothukudi District.
64.Santhi
Proprietor, Santhi Restaurant,
No.19, 16 Bus Stand Opposites, Main Road,
Tiruchendur, Thoothukudi District.
65.Manokaran,
Proprietor, Nataraj Mahal, North Car Street,
Tiruchendur, Thoothukudi District.
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W.P.(MD).No.1204 of 2018
66.Paramasakthi,
Proprietor, Bajaj Finances, No.111,
North Car Street, Tiruchendur,
Thoothukudi District.
67.Venkatasen,
Proprietor, K.K.Jewelers, North Mada Veedhi,
Tiruchendur, Thoothukudi District.
68.Saranaparaba,
Shree Balaji Maligai, No.123, East Car Street,
Tiruchendur.
69.The Proprietor,
Blessing Finance, North Car Street,
Tiruchendur, Thoothukudi District.
70.Saranaparaba,
Proprietor, Anil Readymades, No.88,
North Car Street, Tiruchendur,
Thoothukudi District.
71.Regupathy,
Sivasakthi Murugan Kudil, T.B.Road,
Tiruchendur, Thoothukudi District.
72.Ramachandran,
Proprietor, V.S.R.Lodge, Palayankottai Road,
Tiruchendur, Thoothukudi District.
73.Kannappan Chatiyar,
Proprietor, V.K.N.Lodge, No.147 B,
Palayankottai Road, Tiruchendur,
Thoothukudi District.
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W.P.(MD).No.1204 of 2018
74.Vijayarathan,
Proprietor, Bharath Puspam Ceramics,
Palayankottai Road, Tiruchendur,
Thoothukudi District.
75.V.A.Shanmugavel,
Proprietor, Vailivilai Lodge, Palayankottai Road,
Tiruchendur, Thoothukudi District.
76.Ragan,
Muthu Fin-Cap, North Car Street, Tiruchendur,
Thoothukudi District.
77.Essakimuthu Lakshmi,
Proprietor, Deiva Mahal, No.120 D,
Palayankottai Road, Tiruchendur,
Thoothukudi District.
78.Selvaraj,
K.Chinnadurai & Co Building, No.188,
North Car Street, Tiruchendur, Thoothukudi District.
79.Raja,
Seetharam Lodge, Santhanamariamman Kovil Street,
Tiruchendur, Thoothukudi District.
80.Thulasi Raman,
Proprietor, Sri Kandha Residency, Kovil Street,
Tiruchendur. .. Respondents
(R8 to 80 are Impleaded Vide Court Order dated 03.12.2018 in
W.M.P.(MD)No.21564 of 18 in W.P.(MD)No.1204 of 2018)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Mandamus, directing the respondents to demolish the
constructions of commercial, residential and other buildings in violation of
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W.P.(MD).No.1204 of 2018
Town and Country Planning Act, G.O.Ms.No.22 dated 30.01.1997, Coastal
Zone Management Plans drawn as per Coastal Regulation Zone Notification
1991 and other rules, laws and regulation in Thiruchenthur Special Grade
Town Panchayat, within the time stipulated by this Court.
For Petitioner : Mr.C.Masilamani
For Respondents : Mr.P.Thilakkumar
Government Pleader for R-1 to R-6
Mr.H.Arumugam for R-7
Mr.R.Balakrishnan for R-9
Mr.R.J.Karthick for R-10, R-12 to R-14,
R-28, R-30, R-31, R-40 to R-42, R-44,
R-46, R-47, R-55, R-60, R-65 and R-80
Mr.D.Nallathambi for R-16
Mr.S.Packiaraj for R-26
Mr.V.Selva for R-27
Mr.R.Karantha Raja for R-52, R-53,
R-61, R-62, R-64, R-66, R-68 & R-71
Mr.R.Prithivi Raj for R-8, R-15, R-17
to R-19, R-21, R-23 to R-25, R-29,
R-32, R-34, R-37 to R-39, R-45,
R-48 to R-51 & R-56
Mr.J.Ashok for R-75
Mr.Mohammed Imran
for M/s.Ajmal Associates for R-78
Mr.C.M.Manthramoorthy for R-58
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W.P.(MD).No.1204 of 2018
ORDER
(Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE) The prayer sought for in this Writ Petition is to direct the official respondents to demolish the constructions of commercial, residential and other buildings in violation of the Tamil Nadu Town and Country Planning Act, 1971, G.O.Ms.No.22, Municipal Administration and Water Supply Department, dated 30.01.1997, Coastal Zone Management Plans drawn as per Coastal Regulation Zone Notification, 1991 and other rules, laws and regulation in Tiruchendur Special Grade Town Panchayat, within the time stipulated by this Court.
2. Earlier, when the matter was taken up for hearing on 13.02.2024, this Court has passed the following order:
"3. Considering the facts and circumstances of the case and also the gravity of the issue involved in this case, we are inclined to issue the following directions:
(i) The District Collector, Thoothukudi District, is directed to issue necessary instructions to the Tahsildar, Tiruchendur Town, to inspect and survey the subject property Page 13 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 with the help of the Taluk Surveyor / Town Surveyor and find out the buildings constructed illegally and contrary to G.O.Ms.No.22, dated 30.01.1997.
(ii) Before commencing the survey, necessary notice shall be served to the owners of the properties concerned.
(iii) The Commissioner, Tiruchendur Municipality, Thoothukudi District, shall also participate in the survey to be conducted by the Tahsildar, Tiruchendur Town, in the subject property, as the learned Additional Government Pleader appearing for the respondents 3, 4 & 6 submitted that the post of Executive Officer / seventh respondent has been subsequently upgraded as Commissioner.
iv) Necessary police protection shall be provided to the authorities concerned at the time of survey of the subject property.
(v) It is needless to state that the owners of the properties concerned shall cooperate with the authorities concerned for the survey of the subject property. If there is any failure on the part of any of the land owners, this Court will appoint an Advocate Commissioner for carrying out the above said exercise.
(vi) After finding out the buildings constructed contrary to G.O.Ms.No.22, dated 30.01.1997, a detailed report shall be filed before this Court on the next hearing date."
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https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 Further, this Court adjourned the matter to 26.02.2024 for filing report.
3. Subsequently when the matter came up before this Court on 15.04.2024, taking into account the difficulty expressed by the District Collector, Thoothukudi District to inspect and conduct survey, the earlier order dated 13.02.2024, was modified to the following effect:
“Instead of the District Collector, Thoothukudi District to take survey / measurement of the buildings, which are constructed in violation of the norms as stated above, the Commissioner, Tiruchendur Municipality shall take endeavour to complete the measurement of-course with the help of the revenue officials concerned headed by the District Collector, Thoothukudi District and file a report to that effect by next hearing. In this regard, whatever the assistance required by the Commissioner, Tiruchendur Municipality, the same shall be extended by the District Collector, Thoothukudi or other revenue officials working under him.”
4. Pursuant to the aforesaid order, a status report was filed before this Court by the Commissioner of Tiruchendur Municipality/fourth respondent herein by giving the list of the violators, who have constructed commercial Page 15 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 buildings illegally and contrary to G.O.Ms.No.22, dated 30.01.1997. As per the said list, at present, it has been identified that 66 buildings were constructed violating the said Government Order. These buildings have been constructed beyond the height of 9 meters as prescribed by G.O.Ms.No.22, dated 30.01.1997. It is further submitted that after fixing the boundaries of the temple through Geo-Information System (GIS) Technology, 1 Km. radius has to be fixed from the boundaries. Hence, further time is required to measure the height of the buildings with the help of drone, whereby, the buildings constructed above 9 meters height alone can be filtered and thereafter, field survey can be completed.
5. The learned counsel for the respondent Municipality would submit that necessary action would be taken for removal of the aforesaid unauthorised constructions, which are contrary to the said Government Order and the same will be effectively implemented by the Municipality at the earliest without any deviation in strict compliance of the earlier orders of this Court. In view of the same, the respondent Municipality seeks further five months' time to complete the entire exercise of taking action for removal of unauthorised construction of the buildings, which are constructed illegally and contrary to the aforesaid Government Order. Page 16 of 23
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6. Though this Court has given ample opportunity to the respondent Municipality to remove the said unauthorised construction, which violates the aforesaid Government Order, still the Municipality seeks further time to comply with the orders of this Court in order to ensure that necessary action is taken for violations of the building owners, who have constructed their buildings contrary to the aforesaid Government Order. Though, we are not satisfied with the reasons seeking further time for taking action as against the violators for unauthorised constructions.
7. At this juncture, we are granting the said time to the respondent Municipality to comply with the earlier directions of this Court and remove the unauthorised constructions for violating the aforesaid Government Order.
8. Considering the request of the respondent Municipality, four (4) months' time is granted for the respondent Municipality to take necessary action for removal of unauthorised construction of buildings, which have been constructed beyond the height of 9 meters as per the Government Order.
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9. At this juncture, it is relevant to point out that the Government has passed an order in G.O.(2D) No.15, Municipal Administration and Water Supply (MA.1) Department, dated 01.03.2024, whereby, a High Level Monitoring Committee was constituted to curb and monitor the unauthorized construction and violations of the planning approval. In paragraph 6 of the said Government Order, the District Collector of the concerned District was appointed as Chairperson of the said Committee. Further, the Commissioner of Police, the Superintendent of Police, the Commissioner of Corporation/ the Commissioner of the Municipality/ Executive Officer of Town Panchayat, the Deputy Director of Town and Country Planning, the Regional Director of Municipal Administration, the Revenue Divisional Officer/Sub Collector, one independent officer in the cadre of Deputy Collector from the Revenue Department, the Assistant Director, Town Panchayat and the Executive Engineer, TANGEDCO were appointed as members of the said Committee. The Government has passed the aforesaid order on 01.03.2024 for monitoring the removal of unauthorised construction in the Municipality areas. Page 18 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018
10. It is also the duty of the Committee to monitor the action taken for removal of the unauthorised constructions in the aforesaid municipal areas. However, no action has been taken so far by the Municipality or by the Corporation for removal of the unauthorised constructions in the aforesaid jurisdiction of the Municipality.
11. In these circumstances, considering the aforesaid Government Order, we are of the view that the High Level Monitoring Committee constituted under the Chairmanship of the District Collector shall monitor the action taken by the Commissioner of Tiruchendur Municipality for removal of unauthorised constructions and also for strict compliance of the earlier directions of this Court and the Government Order in G.O.Ms.No.22, dated 30.01.1997.
12. In the light of the aforesaid Government Order, we are inclined to pass the following order:
(i) As per the undertaking, the Commissioner of Tiruchendur Municipality is directed to comply with the earlier directions of this Court and G.O.Ms.No.22, dated 30.01.1997, and take necessary action for Page 19 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 removal of unauthorised constructions in the aforesaid places, as early as possible, preferably, within a period of four (4) months from the date of receipt of a copy of this order.
(ii) It is needless to state that the Commissioner of Tiruchendur Municipality shall take necessary action in the aforesaid Municipality jurisdiction, which comes under his control.
(iii) As per the instructions issued to the High Level Monitoring Committee, which is constituted under G.O(2D)No.15, dated 01.03.2024, the District Collector is also empowered for taking action and periodical meetings to be convened. In the aforesaid Government Order, instructions were issued to the effect that the High Level Monitoring Committee shall meet once in a month and submit monthly report to the Government.
Therefore, the High Level Monitoring Committee shall convene the meeting on every month and monitor the action taken for removal of unauthorised constructions, which come under the jurisdiction of Tiruchendur Municipality and also file a report to this Court as well as to the Government for taking further course of action.
(iv) If there is any violation of the aforesaid directions of this Court, this Court will not hesitate to initiate action against the authorities Page 20 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 concerned for the slackness to comply with the directions of this Court and contempt proceedings would be initiated against the officials concerned.
(v) If the Municipality requires the assistance of drones to measure the properties concerned, it is always open to the Municipality to seek assistance from the Department concerned for using drones for actual measurement of the height of the buildings and it is for the Department concerned to take appropriate decision.
13. In the light of the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions stand closed.
14. Post the matter on 02.01.2025 ''for reporting compliance''.
(D.K.K., A.C.J.) (M.S.Q.,J.) 06.09.2024 NCC : Yes / No Index : Yes / No Lm/SMN2 Page 21 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 To
1.The Chief Secretary, State of Tamil Nadu, Secretariat, Fort St.George, Chennai.
2.The Secretary, Municipal Administration and Water Supply Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai.
3.The Secretary, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Fort St.George, Chennai.
4.The Commissioner of Town and Country Planning, Office of the Commissioner of Town and Country Planning, Chennai - 2.
5.The District Collector, Office of the District Collector, Thoothukudi District.
6.The Regional Deputy Director, Town and Country Planning, Tirunelveli Region, Tirunelveli.
Page 22 of 23 https://www.mhc.tn.gov.in/judis W.P.(MD).No.1204 of 2018 D.KRISHNAKUMAR, A.C.J. AND MOHAMMED SHAFFIQ, J.
Lm/SMN2 W.P.(MD).No.1204 of 2018 06.09.2024 Page 23 of 23 https://www.mhc.tn.gov.in/judis