Madras High CourtWP/2408/2024disposed of

S.Natarajan v. The Regional Deputy Commissioner(South)

2024-02-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Natarajan : Petitioner Vs 1.The Regional Deputy Commissioner (South) Regional Office South, Greater Chennai Corporation No.31, Thiruvengadam Street, Bakthavatsalam Nagar, Chennai 600020 2.The Superintending Engineer (South) Regional Office South, Greater Chennai Corporation No.31, Thiruvengadam Street, Bakthavatsalam Nagar, Chennai 600020 3.The Executive Engineer Zone XII Division 157, No.1, New Street, Near GST Road, Alandur, Chennai 16.

4.The Assistant Executive Engineer Zone XII Division 157, No.1, New Street, Near GST Road, Alandur, Chennai 16.

5.The Zonal Officer, Zone XII Division 157, No.1, New Street, Near GST Road, Alandur, Chennai 16.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Notice No.Zone-XII/Enc/Dn.157/ 10/2023 dated 26.10.2023 on the file of the 1st respondent herein and to quash the same and directing the

respondents herein from in any way interfering with the peaceful possession and enjoyment of the petitioners land and the building comprised in S.No. 232/6 in Patta No.148 bearing Door No.2/246 Near Jamia Masjid M.G. Road Manapakkam Chennai 600015 in Division 157 Unit -35 Zone-XII of the Respondent Corporation by considering the explanation / reply made by the petitioner dated 21.11.2023 to the respondents herein in accordance with law within a time frame.

For Petitioner :

Mr.K.K.N.Ganeshan For Respondents :

Mr.A.Arun Babu

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.K.N.Ganeshan, learned counsel for the petitioner and Mr.A.Arun Babu, learned counsel appearing for the respondents.

2. The petitioner is challenging the notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. The impugned notice is a show cause notice soliciting reply from the petitioner.

3. Learned counsel for the petitioner submits that reply has been filed by the petitioner. Naturally, the reply would be considered by the respondents before passing order under Section 128 of the Act of 1998. In case an order is passed adverse to the petitioner, then, the petitioner may agitate afresh.

4. The writ petition is disposed of. There shall be no order as to costs. Consequently, WMP Nos.2611 and 2612/2024. (S.V.G., CJ.) (D.B.C., J.) 02.02.2024 Index : Yes/No tar To 1.The Regional Deputy Commissioner (South) Regional Office South, Greater Chennai Corporation No.31, Thiruvengadam Street, Bakthavatsalam Nagar, Chennai 600020 2.The Superintending Engineer (South) Regional Office South, Greater Chennai Corporation No.31, Thiruvengadam Street, Bakthavatsalam Nagar, Chennai 600020 3.The Executive Engineer Zone XII Division 157, No.1, New Street, Near GST Road, Alandur, Chennai 16.

4.The Assistant Executive Engineer Zone XII Division 157, No.1, New Street, Near GST Road, Alandur, Chennai 16.

5.The Zonal Officer, Zone XII Division 157, No.1, New Street, Near GST Road, Alandur, Chennai 16.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 02.02.2024