S.Lakhsmanakumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No. 2294 of 2025 in W.P.No.1960 of 2025 S.Lakhsmanakumar ... Petitioner Vs.
1.The Commissioner, Salem Corporation, Salem District, Salem - 636 001.
2.The Assistant Commissioner, Suramangalam Zonal Office, Salem Corporation, Salem District, Salem - 636 005.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for records pertaining to the issuance of Na.Ka.No.K1/2658/2021 dated 12.11.2024 issued by the 2nd respondent herein and quash the same.
Page Nos.1/9
For Petitioner :
Mr.A.Vijayakannan For Respondents :
Ms.N.Devi Standing Counsel
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed assailing 'a notice dated 12.11.2024 bearing reference Na.Ka.No.K1/2658/2021' {hereinafter referred to as 'impugned notice' for the sake of brevity, convenience and clarity}. To be noted, impugned notice has been issued by R2 [The Assistant Commissioner, Suramangalam Zonal Office, Salem Corporation, Salem District].
2. Learned counsel for writ petitioner submits that writ petitioner has been visited with impugned notice suddenly.
3. Issue notice.
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4. Ms.N.Devi, learned standing counsel for Salem Corporation accepts notice for both respondents and submits that impugned notice is only in the nature of 'Show Cause Notice' {'SCN'}.
5. Owing to the limited scope of captioned WP, main WP was taken up in the Admission Board with the consent of both sides.
6. A careful perusal of impugned notice brings to light that a spot visit / spot assessment {neuha;t[} was done and it was found that noticee qua impugned notice has encroached upon public area causing inconvenience to general public and traffic {bghJ kf;fSf;Fk;. nghf;Ftuj;jpw;Fk; ,ila{W Vw;gLj;Jjy;}.
7. Be that as it may, it is seen that impugned notice only calls upon noticee to produce supporting documents particularly with details such as, area of the shop, usage for which shop is to be put to and orders in this regard. Impugned notice has fixed 20.11.2024 at 11.00 a.m. as the date and time (to be noted Suramangalam Ward Office is the venue) to produce documents.
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8. Learned counsel for writ petitioner submits that noticee qua impugned notice has produced documents on 20.11.2024 and further orders are yet to be made.
9. Before we proceed further, we deem it appropriate to record the submission of learned State Counsel that earlier a writ petition in W.P.No.14952 of 2020 was filed and there was a direction from this Court to take action against such unauthorized occupation causing hindrance to traffic and public. We find from our research that W.P.No.14952 of 2020 was disposed of by another Hon'ble Division Bench of this Court, in and by an order dated 16.10.2020 inter alia directing action in this regard.
10. Reverting to the case on hand, we have no hesitation in agreeing that impugned notice is only in the nature of SCN. A scanned reproduction of impugned notice is as follows: Page Nos.4/9
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11. We, therefore have no reason to interfere with impugned notice. In this regard, we remind ourselves that it is nobody's case that impugned notice has been issued without jurisdiction. As writ petitioner has responded to impugned notice, let law take its course on its own merits. In other words, let respondents examine response of writ petitioner i.e., response to impugned notice on its own merits and in accordance with law and proceed.
12. In the light of the narrative thus far, we have no ground to interfere with impugned notice.
13. Sequitur is, captioned main WP fails and the same is dismissed albeit with observation that the matter shall proceed on its own merits and in accordance with law. Consequently, captioned Writ Miscellaneous Petition (WMP) is also dismissed. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 28.01.2025 Index : Yes / No mmi Page Nos.7/9
To 1.The Commissioner, Salem Corporation, Salem District, Salem - 636 0001.
2.The Assistant Commissioner, Suramangalam Zonal Office, Salem Corporation, Salem District, Salem - 636 005.
Page Nos.8/9
M.SUNDAR, J., and K.RAJASEKAR, J., mmi 28.01.2025 Page Nos.9/9