Madras High CourtWP/27461/2014disposed of

R.Pankajam v. The District Collector

2022-04-13Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.27461 of 2014 & M.P.No.1 of 2014 Mr.R.Pankajam ... Petitioner Vs

1. The District Collector Namakkal, Namakkal District.

2. The Commissioner, Tiruchengode Municipality Tiruchengode, Namakkal District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 2nd respondent culminated in and by his proceedings in Na.Ka.No.10070/2014/F1, dated 09.10.2014 and quash the same.

For Petitioner : Mr.V.S.Kesavan For Respondents : Mr.E.Sundaram Government Advocate for R1 Mr.N.K.Panraj for R2

O R D E R

The present Writ Petition is filed challenging notice issued by R2, Commissioner, Thiruchegode Municipality calling upon the petitioner to show cause why the petitioner's property not be demolished/removed upon the allegation that the buildings are weak and constitute danger to the public.

2. The stand of the petitioner is that the notice has been issued without any application of mind, since it is only one of the properties in that area which was structurally weak, the one https://hcservices.ecourts.gov.in/hcservices/

very close to the Theppakulam and other properties in that layout that are at a distance from Theppakulam are structurally fit.

3. Seeing as the matter involves determination of facts, it would be appropriate that proceedings are carried to a logical conclusion by R2. The petitioner is permitted to file a reply to the notice within a period of three (3) weeks from today, upon receipt of which, the petitioner will be heard and orders passed by R2 within a period of four (4) weeks from date of conclusion of personal hearing. Since the petitioner is enjoying an order of interim stay granted by this Court on 17.10.2014, let a status quo, as of today, be maintained for a period of eight (8) weeks from today or till R2 passes order, whichever is earlier. 4.

This Writ Petition is disposed as above. No costs. Connected Miscellaneous Petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sl To

1. The District Collector, Namakkal, Namakkal District.

2. The Commissioner, Tiruchengode Municipality, Tiruchengode, Namakkal District.

+1cc to Mr.V.S.Kesavan, Advocate Sr.25860 +1cc to the Government Pleader Sr.26377 W.P.No.27461 of 2014 & M.P.No.1 of 2014 sv[co] srg 31/05/2022 https://hcservices.ecourts.gov.in/hcservices/