Geetha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.7822 of 2019 Smt.Geetha ... Petitioner Vs.

The Commissioner, Osur Municipality, Hosur, Krishnagiri District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records related to notice of the respondent dated 10.01.2019 in Na.Ka.Enn3527/2018/F1 and quash the same. For Petitioner : Mr.A.Gouthaman For Respondent : Mr.M.Rajamathivanan, Standing Counsel

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued under Section 182 and 362 of the Tamil Nadu District Municipalities Act for removal of encroachment is under challenge in the present Writ Petition.

2. The impugned notice reveals that the writ petitioner has encroached upon the park area earmarked in the approved layout plan. Thus, the Commissioner, Hosur Municipality issued notice to remove encroachments failing which the Municipality will remove and recover the charges, as applicable under the provisions of the Act. The park area earmarked under the approved layout plan is to be maintained by the competent authorities of the local bodies. Encroachments in the park area, at no circumstances, be permitted. In view of the interim order, the respondents have not initiated any further action pursuant to the impugned notice.

3. Considering the fact, the writ petitioner is granted liberty to submit her objections, if any, within a period of ten days. On receipt of any such objections,

the respondents shall look into the objections and take a decision pass orders and remove the encroachments identified. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.S.,J.) (K.R.S.,J.) 22.02.2024 1/2 skr Index : Yes Speaking order To The Commissioner, Hosur Municipality, Hosur, Krishnagiri District.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 22.02.2024