Committee Of Management Wakfs, v. Karaikkal Municipality,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.30446 of 2011 Committee of Management Wakfs, rep. by its President.

... Petitioner -Vs1. Karaikkal Municipality, rep. by its Commissioner, Karaikkal, Puducherry State.

2. District Collector, Karaikkal.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records connected with the letter No.5822/KM/AE-2009-10 dated 15.11.2011 issued by the 1st respondent and quash the same. For Petitioner :

Mr.B.Manokaran for M/s.P.Devadas Associates For Respondents :

Ms.Reena Iswarya Additional Government Pleader (Puducherry)

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The removal notice which has been assailed by the petitioner dated 15.11.2011 was actually responded to by the petitioner vide the reply placed on record. Thereafter, no final decision has been taken.

2.No counter-affidavit has been filed despite lapse of five years and thus, last opportunity was granted on 05.12.2016 to file the same within four (4) weeks. Still, no counteraffidavit has been filed. The first respondent has been, thus, grossly negligent in defending the case.

https://hcservices.ecourts.gov.in/hcservices/

3.Be that as it may, we are of the view that it would be appropriate if the orders are passed by the first respondent after considering the representation of the petitioner calling for any further material from the petitioner as it may desire. The decision be taken within the maximum period of two (2) months from the date of receipt of the order. Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To

1. The Commissioner, Karaikkal Municipality, Karaikkal, Puducherry State.

2. The District Collector, Karaikkal.

+2cc's to M/s.P.Devadas Associates, Advocate, S.R.No.4715 +1cc to the Government Pleader(Puducherry), S.R.No.4553 W.P.No.30446 of 2011 KJI(CO) CA(02/02/2017) https://hcservices.ecourts.gov.in/hcservices/