Madras High CourtWP/36171/2015disposed of

M.Muthusamy v. The Commissioner

2015-11-06Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.36171 of 2015 and MP.No.1 of 2015 M.Muthusamy .. Petitioner Vs.

1 The Commissioner, Tirupur City Municipal Corporation, Tirupur-641 604.

2 The Assistant Commissioner, Tirupur Corporation, Zone-3, Kangeyam Main Road, Nallur 641 606, Tirupur District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondent to remove the board put up in the front of the petitioner's property situated at Plot Nos.140 and 141, Jai Nagar comprised in S.F.No.181/1, Kankeyam Main Road, Nallur, Tiruppur measuring an extent of 4800 sq.ft.

For Petitioner : Mr.S.Thiruvengadam For Respondents : Ms.P.Shanthi

ORDER

Heard Mr.S.Thiruvengadam, learned counsel for the petitioner and Ms.P.Shanthi, learned counsel accepting notice for the respondents and with their consent, the writ petition is disposed of at the admission stage itself.

2. The petitioner seeks for issuance of a writ of mandamus to direct the respondents to remove the board put up in front of the petitioner's property situated at Plot Nos.140 and 141, Jai Nagar comprised in S.F.No.181/1, Kankeyam Main Road, Nallur, Tiruppur measuring an extent of 4800 sq.ft. https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner, the 2nd respondent is not entitled to place a board in the petitioner's property stating that it is a reserved site, when the petitioner has patta, chitta and adangal and other records to substantiate that he is the absolute owner of the property in question. The petitioner has submitted a representation on 12.10.2015 setting out the above facts.

4. Learned counsel appearing for the respondents submitted that the 2nd respondent may be granted reasonable time to consider the representation on merits and in accordance with law.

5. Taking note of the above submission, this writ petition is disposed of by directing the 2nd respondent to consider the representation of the petitioner dated 12.10.2015 on merits and in accordance with law, as well as the documents that the petitioner would produce and by affording an opportunity of personal hearing to the petitioner and pass reasoned orders, within a period of four weeks and communicate the same to the petitioner. No costs. Consequently, the connected Miscellaneous Petition is closed.

sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR gya/AP To 1 The Commissioner, Tirupur City Municipal Corporation, Tirupur-641 604.

2 The Assistant Commissioner, Tirupur Corporation, Zone-3, Kangeyam Main Road, Nallur 641 606, Tirupur District.

+1 CC to MR.S.Thiruvengadam Advocate. SR.NO. 61495 WP.No.36171 of 2015 CO-SU JD 24/11/2015 https://hcservices.ecourts.gov.in/hcservices/