Sathishbabu v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.13812 & 13814 of 2023 Sathishbabu ....

Petitioner Vs 1.The Tahsildar Mettur Taluk Office Mettur, Salem District.

2.The Commissioner Mettur Municipality Mettur, Salem District.

....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice of the 2nd respondent in Na.Ka.No.3651/2020/F1 date 23.03.2023 and quash the same and direct the 1st respondent to issue the patta in respect of the property in D.No.6/31, A1, Thookanampatty, Mettur Taluk, Salem District total to the extent of 0.00810.0 sq.ft , Ward No.B, Block No.7 in Town Survey No.1 based on the representation of the petitioner dated 24.03.2019 and direct the 2nd respondent Municipality not to proceed for evicting the petitioner from the said premises.

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For Petitioner :

Mr.M.Senthilkumar For Respondents :

Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader - for R1 Mr.L.P.Maurya - for R2

O R D E R

(Order of the Court was made by C.SARAVANAN, J.) The petitioner challenges the impugned notice dated 23.03.2023 issued by the 2nd respondent under Section 182 of the Tamil Nadu District Municipalities Act, 1920, by which the petitioner has been called upon to vacate the alleged encroachment of an extent of 0.0081.0 sq.ft of land in Ward No.B, Block No.7 in Town Survey No.1, Thookanampatty, Mettur Taluk, Salem District.

2. The petitioner has directly approached this Court without giving any reply to the notice dated 23.03.2023. Considering the same, we do not find any merits in the present writ petition. We therefore direct the petitioner to give his reply to the impugned notice dated 23.03.2023 within a period of ten days from today. On receipt of such reply, the respondents shall consider the same and pass appropriate orders on merits and in accordance with law 2 / 4

within a period of 15 days thereafter. It is made clear that pending disposal of the aforesaid reply / representation to be submitted by the petitioner, status quo as on today shall be maintained. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

(A.D.J.C., J.) (C.S.N.,J.) 04.05.2023 kst Index : Yes/No Internet : Yes/No Note : Issue order copy tomorrow (05.05.2023) To 1.The Tahsildar Mettur Taluk Office Mettur, Salem District.

2.The Commissioner Mettur Municipality Mettur, Salem District.

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A.D.JAGADISH CHANDIRA, J.

AND C.SARAVANAN, J.

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