M.A.Liakath Ali v. Government Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 02.09.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Civil Revision Petition NPD No. 1635 of 2004 and CMP. No. 12891 of 2004 M.A. Liakath Ali .. Petitioner vs.

1. Government of Tamil Nadu rep. by its Secretary Municipal Administration & Water Supply Department Fort St. George, Chennai 600 009.

2. The District Collector Nilgris District at Udhagamandalam.

3. The Commissioner Udagamandalam Municipality at Udhagamandalam The Nilgris District.

.. Respondents PRAYER: Civil Revision Petition filed under Section 217-L of the Tamil Nadu District Municipalities Act read with Section 115 of the Civil Procedure Code, to set aside the order dated 14.06.2004 in G.O.(D) No.302, Municipal Administration and Water Supply (MA-1) Department, passed by the first respondent.

For Petitioner : Mr. S. Parthasarathy, Sr. Counsel for Mr. N. Damodaran For Respondents : Mr. M. Venugopal Spl. Govt. Pleader for R1 & R2 Mr. V. Radhakrishnan, Sr. Counsel for Mr. A.V. Rakesh for R3

O R D E R

(Made by The Hon'ble The Chief Justice) In this civil revision petition, the petitioner has challenged the impugned order passed by the first respondent on the ground that though the first respondent called for explanation, no personal hearing was conducted and the impugned order is in violation of the principles of natural justice. The contention raised by the petitioner has not been controverted by the respondents and thus, we are inclined to accept the submission that the impugned order was passed without affording an opportunity of personal hearing to the petitioner. Therefore, on that ground the impugned order is liable to be set aside.

2. It is tragic that even after a period of 11 years, this matter is pending only on this short issue - naturally the petitioner has enjoyed the benefit of interim orders on account of this objection. We are faced with the huge problem of unauthorised construction, especially in the hill areas.

3. We, thus, set aside the impugned order and remit the matter back to the competent authority.

4. We are conscious of the work load of the authority concerned in different proceedings, while examining the aspect of establishing more forums for deciding the grievances. We would expect the competent authority concerned to endeavour to decide this petition within a maximum period of three months from today, after giving an opportunity of hearing. We make it clear that in view of the prolonged delay, the petitioner will not be entitled to any adjournments and must appear on the date fixed.

5. The revision petition accordingly stands disposed of. No costs. Consequently, CMP. No.12891 of 2004 is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ATR

To;

1. The Secretary Government of Tamil Nadu Municipal Administration & Water Supply Department Fort St. George, Chennai 600 009.

2. The District Collector Nilgris District at Udhagamandalam.

3. The Commissioner Udagamandalam Municipality at Udhagamandalam The Nilgris District.

1 cc to Special Government Pleadedr (CS) SR. 47571 C.R.P. NPD No. 1635 of 2004 KU (CO) kk 28/9