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New Indian Express
6 days ago
- Business
- New Indian Express
Madurai Bench of Madras HC stays G.O. allowing shop licence renewal
MADURAI: The Madurai Bench of Madrac High Court on Monday stayed the implementation of a government order (G.O.) passed on August 6, 2024, which permitted local bodies to grant renewal of shop licences to existing lessees. A bench of justices SM Subramaniam and AD Maria Clete passed the interim order on a Public Interest Litigation petition filed by C Sivaraj of Sivaganga. The petitioner claimed that Para 3 Clause VI of the G.O. says local body shall refix the rent within six months before the expiry of the lease period. If the existing lessees agree to the refixed rent, the licence may be renewed, he said. The above clause empowers municipal corporations to renew licences perpetually to the same lessees, the petitioner alleged, adding that this is in violation of Rule 316 of the Tamil Nadu Urban Local Bodies Rules, 2023, that prohibits grant of extension or renewal of licence to same lessee.
New Indian Express
6 days ago
- Politics
- New Indian Express
Ensure high-level panel to monitor and remove unauthorised constructions is doing its job: Madras HC to Tamil Nadu government
MADURAI: The Madurai Bench of Madras High Court has directed the Chief Secretary to government of Tamil Nadu to ensure that the high-level committee, formed by the state to monitor and remove unauthorised constructions, meets once a month and submits a report. A bench of justices SM Subramaniam and AD Maria Clete gave the direction recently after observing that despite several judgments passed by the high court and the Supreme Court regarding measures to be taken against unauthorised constructions, authorities remain mere spectators to the issue. The state government, based on the directions issued by the HC in a similar matter, had passed a G.O. on March 1, 2024 for the constitution of a high- level monitoring committee to curb and monitor unauthorised constructions. The functions of the committee included preparing an action plan at urban local bodies' level for removal of unauthorised constructions, monitoring inspection of violated buildings, meeting once in a month and submitting monthly reports to the government, among others. The judges observed that it is not clear whether the committee is performing the above functions effectively as directed by the HC. If not, the directions issued by the Supreme Court and the HC would become futile, he added and directed the chief secretary to periodically monitor the committee's functions and take necessary action against authorities who fail to implement the G.O. The directions were issued on a petition filed by M Daniel Simiyon Sudan seeking a direction to remove a rice mill which was allegedly set up without obtaining building plan permission, at Srirangam in Tiruchy. The judges directed the authorities to follow due procedures and if the allegations were found to be true, take necessary action to remove the unauthorised construction within two months. The case was listed on August 7 for reporting compliance.
Time of India
7 days ago
- Politics
- Time of India
Unauthorised constructions cannot be claimed as an absolute right: HC
Madurai: Holding that unauthorised constructions cannot be regularised in a routine manner and cannot be claimed as an absolute right, Madras high court observed that authorities failing in their duty to deal with unauthorised constructions should be subjected to disciplinary proceedings. A division bench of justice S M Subramaniam and justice A D Maria Clete observed that regularisation or condonation are only enabling provisions and must be granted exceptionally in deserving cases where an injustice was caused. The judges observed, "Regularisation is an exemption and can never be claimed as an absolute right. On the one hand, the statute contemplates that a building plan permission must be obtained before the commencement of building. Therefore, there cannot be any contra provision that such illegal unauthorised construction must be regularised. If such a principle is to be applied, it will result in an anomalous situation, where every person will put up construction unauthorisedly and thereafter submit an application to regularise, and the very objective of the Act and Rules will be defeated. " The judges observed that the authorities are not expected to wait for a complaint from any person. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 임플란트 29만원 이벤트 임플란트 더 알아보기 Undo They are duty-bound to monitor the construction activities. Such violations must be identified at the initial stage of construction, which would prevent financial and other loss to all concerned. Pursuant to an earlier order, the state govt issued a GO in 2024 constituting a high-level monitoring committee to curb and monitor the unauthorised constructions. It is not made clear by the authorities whether the committee is initiating all appropriate actions as directed by the govt. Hence, the judges directed the chief secretary to ensure that the high-level monitoring committee meets once a month as per the GO and submit a monthly report to the govt. The committee's functions must be periodically monitored by the govt and any inaction must result in appropriate action against the authority who failed to implement the GO, the judges added. The court was hearing a petition filed by M Daniel Simiyon Sudan seeking a direction to the authorities to remove an unauthorised construction of a rice mill in Punganur village in Srirangam taluk in Trichy district. The judges directed the authorities to initiate enforcement action by following the procedures as contemplated under the Act and Rules and demolish the unauthorised constructions, if any, identified, within eight weeks. The petition was disposed of.
New Indian Express
19-06-2025
- Politics
- New Indian Express
Madras HC bins plea for panel on Tiruchendur temple repairs
MADURAI: The Madurai Bench of Madras High Court on Wednesday dismissed a Public Interest Litigation (PIL) which sought a direction to constitute an expert committee to finalise the renovation and repair works in Subramaniya Swamy temple at Tiruchendur. A bench of justices S M Subramaniam and A D Maria Clete observed that such a committee had been already formed by the state government, based on a direction issued by the court on April 24. If at all, the petitioner is of the opinion that any customary practices were being violated, he can approach the competent authority under HR & CE Act. The litigant Ramkumar Adityan, an advocate from Thoothukudi, alleged in his petition that the temple administration has begun constructing additional amenities building for the temple in a coastal regulation zone without obtaining prior clearance. The construction plan for the parking facility also revealed a possibility of traffic congestion in Kamarajar Salai, North, South, East and West car streets, among others, he claimed. He requested the court to direct the government to appoint a committee with members who have expertise in Thantra Samuchiyam, Kerala Sambrathaya Agamam and Kumara Thantram Agamam, to inspect and identify violations, if any, in the renovation and repair works.
Time of India
18-06-2025
- Politics
- Time of India
Don't boycott courts for flimsy reasons, HC tells advocates
Madurai: Advocates should not indulge in boycotts for flimsy reasons since they are officers of the court, and their absence would affect the justice delivery system, Madras high court observed recently. A division bench of justice S M Subramaniam and justice A D Maria Clete observed that lawyers are bound to protect the interest of the litigants and the majesty of the courts. Therefore, boycotting the courts frequently for flimsy reasons or based on certain individual grievances of any lawyer cannot be appreciated under any circumstance. The court was hearing the petition filed by R Jim seeking a direction to the Bar Council of Tamil Nadu and Puducherry to initiate disciplinary action against the erring office bearers of the Tirunelveli Bar Association. The petitioner also alleged that the members of the association are involved in boycotts for flimsy reasons, causing inconvenience to the people who are longing to secure justice in the court of law. The judges observed that the petitioner could not establish any wrongdoing against the office bearers of the association. In the absence of any specific complaint regarding misconduct or illegality committed by the office bearers, the Bar Council of Tamil Nadu and Puducherry may not be in a position to initiate appropriate action. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Flexible Phone Plans for Small Biz Undo It is needless to state that a complaint must be specific. The judges took note of the submission of the petitioner, who stated that he is willing to give a specific complaint against the lawyers who are indulged in such illegal activities or misconduct to the Bar Council. In the event of receiving any specific complaint from the petitioner against the office bearers of the association or any practising lawyers, the Bar Council shall initiate all appropriate actions, as contemplated under the Advocates Act, 1961, and the Rules framed thereunder, including the Bar Council of India Rules, the judges directed and disposed of the petition.
