N.Malliga v. Sholingur Municipality

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.8049 of 2025 in W.P.No.7229 of 2025 N.Malliga W/o.V.P.Nagarajan ... Petitioner vs.

Sholingur Municipality Rep. By its Commissioner Sholingur Vellore District ... Respondent Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent in their notice vide Na.Ka.No.2876/2024/F1 dated 19.02.2025 calling upon to remove the construction within 15 days from the date of receipt of notice pertaining to the petitioner's property to an extent of 3 cents comprised in Survey No.645/2A, situated at No.109, Anadana Chathiram Road, Sholingur - 631102, Vellore District, quash the same and consequently forbear the respondent from in anyway interfering with the petitioner's peaceful possession and enjoyment of the above said property pending final determination of the petitioner's representation dated 21.02.2025.

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For Petitioner :

Mr.D.S.Rajasekaran For Respondent :

Mr.T.K.Saravanan Addl. Govt. Pleader

O R D E R

[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] Captioned writ petition has been preferred by the petitioner assailing a notice dated 19.02.2025 in Na.Ka.No.2876/2024/F1 seeking a direction to forbear the respondent from taking any action against the writ petitioner pursuant to the above notice.

2. The contention of the writ petitioner is that she had purchased a portion of land in S.No.645/2A by virtue of a sale deed dated 08.06.2005 from one M.J.Sundararaj and she is in possession and enjoyment of the said land till date. While so, on 19.02.2025, the respondent issued a notice under Section 128(1)(b) of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity) to one Mr.Nagaraj, neighbour of the writ petitioner alleging encroachment in the said land. Further contention of the writ petitioner is that the Page Nos.2/5

petitioner is having a legal right over the said property and therefore, the said notice issued by the respondent is liable to be set aside.

3. Issue notice to the respondent.

4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for the respondent.

5.

The impugned notice was not issued to the writ petitioner and the same was issued only to one Mr.Nagaraj. On this short and solitary ground itself, we are not inclined to entertain this writ petition. Resultantly, this writ petition fails and accordingly dismissed as devoid of merits. Consequently, the connected writ miscellaneous petition is closed. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 05.03.2025 Index : Yes/No gpa/vsn Page Nos.3/5

To Sholingur Municipality Rep. By its Commissioner Sholingur Vellore District Page Nos.4/5

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa/vsn 05.03.2025 Page Nos.5/5