Madras High CourtWP/25728/2008disposed of

H. Musthafa v. The Secretary To Government

2015-09-04Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04..09..2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. Nos.25728 of 2008 H.Musthafa .. Petitioner

Versus

1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai 600 009.

2.The Commissioner Udhagamandalam Municipality Municipality Office Udhagamandalam Post The Nilgiris.

..Respondents Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 29.09.2008 under proceedings in U.AC.No.23/2007 passed by the second respondent and quash the same and consequently forbear the second respondent from initiating any action of demolition over the superstructure constructed in R.S.No.2731 of Ootacamund Town, North Lake Road.

For Petitioner :: Mr.K.V.Babu For Respondent :: Mr.V.Radhakrishnan Senior Counsel for Mr.K.Sasindran for R.2 Mr.STS.Murty Government Pleader assisted by Mr.V.Shanmugasundaram for R.1

O R D E R

(Judgment of Court was made by The Honourable The Chief Justice) The petitioner's case is that the show cause notice has been served on him and he is facing even criminal proceedings, though the https://hcservices.ecourts.gov.in/hcservices/

property is not owned by him where unauthorised construction is stated to have been made. The property is owned by his wife and six others.

2. In view of the aforesaid - the petitioner not claiming right, title or interest over the property, there is no need for the petitioner to be aggrieved as none of the affected parties are before the Court. The respondents/authorities will naturally take note of the aforesaid aspect to proceed against the owners in accordance with law.

3. The writ petition accordingly stands disposed of. No costs. Consequently, order of interim stay stands vacated and M.P.No.1 of 2008 is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ksr To

1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai 600 009.

2.The Commissioner Udhagamandalam Municipality Municipality Office, Udhagamandalam Post The Nilgiris.

1 cc to Mr. K.V.Babu, Advocate Sr.No.48249 1 cc to Mr.K.Sasindran , Advocate Sr.No.48248 W.P. No.25728 of 2008 kv(co) pmk.23.9.2015 https://hcservices.ecourts.gov.in/hcservices/