P.Anand v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2025 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR & W.M.P No.26686 of 2024 in W.P.No.24407 of 2024
1. P.Anand Proprietor of Coffee Break S/o.N.Panneer Selvam B1-315, Manchester Grand Apartment M.G.Road, Avarampalayam Coimbatore - 641 006
2. Kavitha Seerappan W/o.C.Palanichamy
3. A.K.Seerappan S/o.Karuppanna Gounder .. Petitioners vs
1. The District Collector Office of the District Collectorate Coimbatore
2. The Commissioner Coimbatore Corporations Coimbatore .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order having reference Na.Ka.No.2024/H1 (N) dated 09.08.2024 passed by the 2 nd respondent and quash the same an consequently direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the property under the name and style of "Coffee Break" situated in SF Nos.341 and 342, Sowripalayam Village, Ward No.28, North Zone, Coimbatore Corporation.
For Petitioner :
Mr.R.Bharath Kumar For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 Mr.J.Aravind for Mr.D.R.Arunkumar Standing Counsel for R2
O R D E R
(Order of the Court was made by M.SUNDAR, J.) When the captioned matter was taken up, Mr.R.Bharath Kumar, learned counsel for writ petitioners, Mr.T.K.Saravanan, learned Government Advocate
for R1 and Mr.J.Aravind, learned counsel representing Mr.D.R.Arun Kumar, Standing counsel for R2 are before this Court.
2. All the aforementioned learned counsel submit in unison in one voice that the captioned matter is directly and squarely covered by an order dated 26.11.2024 made in W.P.No.34695 of 2024 and WMP thereat and a scanned reproduction of which is as follows:
3. In the light of the aforementioned narrative/undisputed position, the following order is passed:
a) The writ petitioner shall send a representation/reply in response to the impugned notice within seven (7) days from today i.e., on or before 16.01.2025;
b) After receiving the representation from writ petitioner, the Commissioner shall pass orders on own merits and in accordance with law (this will be in tune with proviso to Section 128(1)(b) of TNULB Act);
c) We make it clear that we are not expressing any view or opinion on the merits of the matter;
d) The writ petitioner is at liberty to submit all his defence in the response by way of representation. In other words, all questions are left open;
e) If the writ petitioner does not send a representation within seven (7) days from today, it will be open to the
respondents to proceed further in accordance with law;
4. Captioned writ petition disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition thereat is disposed of as closed. There shall no order as to costs. [M.S., J] [K.R.S., J] 09.01.2025 (1/3) Index: Yes/No Speaking order / Non-speaking order gpa To
1. The District Collector Office of the District Collectorate Coimbatore
2. The Commissioner Coimbatore Corporations Coimbatore
M.SUNDAR,J., and K.RAJASEKAR, J., gpa 09.01.2025