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Madras High CourtWP/27689/2023disposed of

K.Karthikeyan v. The Commissioner

2023-09-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Karthikeyan .. Petitioner Vs The Commissioner, Kanchipuram City Municipal Corporation, Annai Indira Gandhi Salai, Big Kanchipuram Pin-631 501.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records in ref. Na.Ka.No.7610/2002/NV signed on 11.08.2023 on the file of the respondent and quash the same.

For the Petitioner : Mr.K.Balaji For the Respondent : Mr.R.Gopinath

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.Balaji, learned counsel for the petitioner and Mr.R.Gopinath, learned counsel for the respondent.

2. The petitioner is challenging the notice under Section 128 of the Tamil Nadu Urban and Local Bodies Act, 1998 issued against the petitioner for removal of encroachment.

3. Learned counsel for the petitioner submits that the petitioner has decree in his favour in respect of the property in question. The petitioner is not an encroacher.

4. The notice is issued under Section 128 of the Tamil Nadu Urban and Local Bodies Act, 1998 to the petitioner for removal of encroachment. The provision contemplates issuance of a show cause notice before directing removal of encroachment.

5. In the light of the above, we pass the following orders:

(i) The impugned notice shall be construed as show cause notice in favour of the petitioner.

(ii) The petitioner shall file the reply within fifteen days from today to the said notice along with all documents, which the petitioner relies upon.

(iii) The respondent shall consider the reply and the documents filed by the petitioner and thereafter take a decision regarding the encroachment or otherwise.

6. With these observations and directions, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.27164 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index :

Yes/No Yes/No bbr To:

The Commissioner, Kanchipuram City Municipal Corporation, Annai Indira Gandhi Salai,Big Kanchipuram Pin-631 501.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 25.09.2023