← Library
Madras High CourtWP/6398/2017disposed of

Tmt. J.Aandal, v. The Commissioner,

2017-03-16Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.Nos.6398 to 6403 of 2017 J.Aandal ..Petitioner in WP.No.6398/2017 N.Ramachandran ..Petitioner in WP.No.6399/2017 P.Ramachandran ..Petitioner in WP.No.6400/2017 G. Rajendran ..Petitioner in WP.No.6401/2017 R. Kalyani ..Petitioner in WP.No.6402/2017 S. Shanthi ..Petitioner in WP.No.6403/2017 Vs.

The Commissioner Mayiladuthurai Municipal Corporation Mayiladuthurai.

.. Respondent in all WPs.

Writ petition filed under Article 226 of the constitution of India prayiang to issue an order, direction or writs in the nature of writ of certiorarified Mandamus call for the records of the Respondent in Na.Ka.No. 6179/2016/F1 dated 01.03.2017 and quash the same and consequently forbearing the respondent from disturbing or evicting the petitioner pending disposal of the representation of the petitioner and pass such further or other order.

For Petitioners in all writ petitions : Mr.R.Sivakumar For Respondent in all writ petitions : Mr.M.K.Subramanian Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the respondent.

2. The petitioners have filed these writ petitions challenging the order dated 1.3.2017 directing eviction of the petitioners.

3. It is the case of the petitioners that they are daily wage employees and they are residing in their respective premises for many years and have also obtained water and sewerage connection and electricity connection. While things stood thus, it is alleged that the respondent issued the notice dated 1.3.2017 directing their eviction. In reply to the said notice, the petitioners already submitted representation on 6.3.2017 seeking alternative accommodation. However, apprehending that the respondent would evict the petitioners, the petitioners have filed these writ petitions for the relief stated supra.

4. On hearing the learned counsel for the parties, we direct the respondent to consider the representation of the petitioners dated 6.3.2017 and pass appropriate orders in accordance with law. We make it clear that the respondent authority shall strictly adhere to the procedure contemplated under law before evicting the petitioners. The respondent authority is also directed to consider the feasibility of providing alternative accommodation in accordance with law.

These writ petitions are disposed of accordingly. No costs. Consequently, W.M.P.Nos.6900 to 6906 of 2017 are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To:

The Commissioner, Mayiladuthurai Municipal Corporation, Mayiladuthurai.

+ 6 ccs to M/s. K.M. Vijayan, Assocates Sr.16381 to 16386 + 1 cc to Government Pleader Sr.17049 W.P.Nos.6398 to 6403 of 2017 RSK(CO) EU 24.3.17 https://hcservices.ecourts.gov.in/hcservices/