Madras High CourtWP/3841/2024disposed of

S.Balasubramani v. The District Collector

2024-02-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Balasubramani ..

Petitioner Vs.

1. The District Collector Salem District Salem.

2. The Commissioner Edanganasalai Municipality Salem.

3. The Executive Officer Edanganasalai Municipality Salem.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records relating to the notice dated 30.01.2024 in Na.Ka.No.27/2024/F1 issued by the 2nd respondent, quash the same and consequently,

forbear the respondents from taking proceedings against the petitioner.

For the Petitioner : Mr.J.Sudhakaran For the Respondents : Mr.C.Kathiravan Special Government Pleader for Respondent-1 Mr.A.Edwin Prabakar State Government Pleader for Respondents 2 & 3

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.J.Sudhakaran, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for the first respondent and Mr.A.Edwin Prabakar, learned State Government Pleader for the respondents 2 and 3.

2. Learned counsel for the petitioner submits that the impugned notice directing eviction has been issued by the Commissioner of Edanganasalai Municipality. Prior to same, no show cause notice was issued. The land in question is a grama natham land.

3. The impugned notice does not suggest that earlier, show cause notice was issued.

4. In the light of the above, the impugned notice dated 30.01.2024 shall be considered as the show cause notice. The petitioner shall file reply to the said show cause notice within ten days from today. The Commissioner shall pass further orders, after considering the reply filed by the petitioner, on its own merits.

5. In the light of that, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.4150 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 20.02.2024 Index :

Yes/No :

Yes/No kpl To

1. The District Collector, Salem District, Salem.

2. The Commissioner, Edanganasalai Municipality, Salem.

3. The Executive Officer, Edanganasalai Municipality, Salem.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 20.02.2024