Mrs.R.Krishnakala, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.4302 of 2017 & WMP No.4499 of 2017 Mrs.R.Krishnakala ... Petitioner -vs1. The District Collector The office of Collectorate Coimbatore
2. The Block Development Officer (Village Panchayat) Panchayat Union Pollachi North, Pollachi Coimbatore ...
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the entire records of the second respondent in Notice-II vide Na.Ka.No.579/10/E1 dated 04.01.2017 and quash the same. For Petitioner :: Mr.S.Nagarajan For Respondents:: Mr.M.Elumalai Government Advocate for R1 Mr.R.A.S.Senthilvel for R2
ORDER
Mrs.R.Krishnakala, W/o V.Ravichandran, claiming to be a member of Athiparasakthi Self Help Group, was initially allotted Shop No.4 by the second respondent on a monthly rent of Rs.300/-, which has been subsequently increased to Rs.1,000/-. Again it is stated that the second respondent increased the rent from Rs.1,000/- to Rs.3,000/- on 28.3.2013 and the said increase has been questioned by one Mrs.Lakshmi of Iswaryam Self Help Group in W.P.No.17358 of 2013, which is pending. During the pendency of the said writ petition, the second respondent has sent a notice on 4.1.2017 to the petitioner and other Mahalir https://hcservices.ecourts.gov.in/hcservices/
Self Help Groups to attend the meeting convened for issuing certain instructions with regard to the payment of rental arrears, failing which action would be taken for eviction. The said notice is put to challenge by the petitioner in this writ petition.
2. This Court finds no merit to entertain the writ petition. The reason is that when the various allottees of the shops including the petitioner were invited by the second respondent to attend the meeting to discuss about the payment of rental arrears, maintenance of shops etc., she cannot come to this Court challenging the correctness of the said notice. Secondly, the notice says that only in the event of failure of the members of Mahalir Self Help Groups to attend the meeting would warrant the further proceedings for eviction. Therefore, this Court is not able to find any unreasonableness in the impugned notice directing the petitioner to attend the meeting. Therefore, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed directing the petitioner to participate in the meeting as called for. Consequently, W.M.P.No.4499 of 2017 is also dismissed. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrarss To
1. The District Collector, The office of Collectorate, Coimbatore.
2. The Block Development Officer, (Village Panchayat), Panchayat Union, Pollachi North, Pollachi, Coimbatore.
+1cc to Mr.S.Nagarajan, Advocate Sr.11337 +1cc to the Government Pleader Sr.11176 W.P.No.4302 of 2017 & WMP No.4499 of 2017 msm[co] srg 10/3/2017 https://hcservices.ecourts.gov.in/hcservices/