Anandan 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.Nos.15933 and 15934 of 2019 Anandan ... Petitioner Vs.

1. The Commissioner, Hosur Municipality, Hosur, Krishnagiri District.

2. The Assistant Engineer, Tamil Nadu Electricity Board, Hosur, Krishnagiri District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from demolishing the petitioner's house bearing Plot No.19A in Survey No.1162/2018 Chennathur Village, Hosur Taluk, Krishnagiri District. For Petitioner : Mr.A.Gouthaman

For R1 : Mr.M.Rajamathivanan, Standing Counsel For R2 : Mr.S.Madhusudanan, Standing Counsel for TANGEDCO

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been filed to forbear the 1st respondent from demolishing the petitioner's house bearing Plot No.19A in Survey No.1162/2018 Chennathur Village, Hosur Taluk, Krishnagiri District.

2. The impugned notice reveals that the writ petitioner in W.P.No.7102 of 2019 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. As in the case of the writ petitioner in W.P.No.16226 of 2019, notice has not been issued. In such circumstances, the respondents are directed to issue notice as contemplated under the Statues. The writ petitioner is granted liberty to submit her objections, if any, within a period of ten days. On receipt of

objections, if any, from the encroachers, orders are to be passed and thereafter, the encroachments are to be removed.

3. 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 2/2 skr Index : Yes Speaking order To

1. The Commissioner, Hosur Municipality, Hosur, Krishnagiri District.

2. The Assistant Engineer, Tamil Nadu Electricity Board, Hosur, Krishnagiri District.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 22.02.2024