Nagercoil Corporation Commissioner’s order directing to demolish the “Rajas Mall” comprising three theaters and the shopping complex with 18 shops is stopped by the Division Bench of Madurai Bench of Madras Court after hearing arguments of Senior Counsel Mr. Isaac Mohanlal for the owner of the mall Dr. S.A. Joy Raja.-The Hon’ble Mr.Justice S.S.SUNDAR and The Hon’ble Mr.Justice C.SARAVANAN WP(MD) No.6232 of 2020 and

[5/24, 16:45] Sekarreporter 1: The Nagercoil Corporation Commissioner’s order directing to demolish the “Rajas Mall” comprising three theaters and the shopping complex with 18 shops is stopped by the Division Bench of Madurai Bench of Madras Court after hearing arguments of Senior Counsel Mr. Isaac Mohanlal for the owner of the mall Dr. S.A. Joy Raja.

The order of the commissioner directed the mall be demolished and brought to its original position is stopped by the Hon’ble Court.
[5/24, 16:46] Sekarreporter 1: WP(MD) No.6232 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Special Original Jurisdiction )
Wednesday, the Twentieth day of May Two Thousand Twenty
PRESENT
The Hon’ble Mr.Justice S.S.SUNDAR
and
The Hon’ble Mr.Justice C.SARAVANAN
WP(MD) No.6232 of 2020
and
WMP(MD)No.5443 of 2020
S.A.JOY RAJA … PETITIONER
Vs
1 THE DISTRICT COLLECTOR,
NAGERCOIL,
KANYAKUMARI DISTRICT.
2 THE COMMISSIONER,
NAGERCOIL MUNICIPAL CORPORATION,
NAGERCOIL,
KANYAKUMARI DISTRICT. … RESPONDENTS
Petition praying that in the circumstances stated therein
and in the affidavit filed therewith the High Court will be pleased
to issue a Writ of Certiorari calling for the records pertaining
to the impugned Form i notice made in NA.Ka.No.1823/2019/F1 dated
04.03.2020 as well as the consequential impugned Form II notice made
in Na.Ka.No.1823/2019/F1 dated 17.03.2020 passed by the 2nd
respondent and quash the same and pass such further or other order
as this Hon’ble Court may deem fit and proper in the nature and
circumstances of the case and thus render justice.
Prayer in WMP(MD)No.5443/2020 :
to Stay all further proceedings pursuant to the impugned
Form II notice made in Na.Ka.No.1823/2019/F1 dated 17.03.2020 passed
by the 2nd respondent, pending disposal of the above writ petition
and thus render justice.
ORDER : This petition coming on for orders upon perusing the
petition and the affidavit filed in support thereof and upon hearing
the arguments of Mr.ISACC MOHANLAL, Senior Counsel for Mr.D.SADIQ
RAJA, Advocate for the petitioner and of Mr.V.R.SHANMUGANATHAN,
Special Government Pleader for R1 and Mr.R.AATHI MOOLA PANDIAN,
1/2
http://www.judis.nic.in
[5/24, 16:47] Sekarreporter 1: WP(MD) No.6232 of 2020
Advocate for R2, the court made the following order:-
[Order of the Court was made by S.S.SUNDAR, J.]
Though the petitioner’s case is that the whole building was
originally a cinema theatre and the approval granted before 1984
for permanent cinema theatres will hold good for the entire building
as on date, the respondents have taken a specific stand that the
building which was in existence from 1984 had undergone lot of
changes and that as on date, the multiple cinema halls are
restricted only to third floor and the remaining floors are used by
letting out to commercial establishments. However, this has to be
examined with reference to the pleadings on either side and
materials the parties may produce during the course of hearing the
main case. The impugned order is a direction to restore the
building to its original position by removing the unauthorised
construction. Hence, to protect and preserve the rights of the
parties during the pendency of the proceedings, it is appropriate
for this Court to direct the parties to maintain status quo. Hence,
there shall be an order of status quo and both the petitioner and
the respondents shall maintain status quo till the writ petition is
disposed of.
2.Since there is a specific allegation against the petitioner
that the petitioner had put up additional construction and
alterations in the building quiet contrary to the interim order
granted by this Court earlier in the Writ Petition in W.P.(MD)
No.6954 of 2019 and the final order in the said Writ Petition, the
petitioner is specifically directed not to indulge in any kind of
alterations to the structure.
3.Post this matter along with W.P.(MD)Nos.20488 and 16918 of
2019 after four weeks.
sd/-
20/05/2020
/ TRUE COPY /
/ /2020
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court,
Madurai – 625 023.
TO
THE DISTRICT COLLECTOR,
NAGERCOIL,
KANYAKUMARI DISTRICT.
ORDER IN
WP(MD) No.6232 of 2020 and
WMP(MD)No.5443 of 2020
Date :20/05/2020
SRM
TE/VR/SAR-II : 20/05/2020 : 2P/2C
2/2
http://www.judis.nic.in

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