Mansi Banthia v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.31475 and 31477 of 2024 Mansi Banthia ... Petitioner -vs1. The Commissioner, The Greater Chennai Corporation, Chennai.
2. The Assistant Commissioner, The Greater Chennai Corporation, Chennai.
3. The Executive Engineer, Zone VI, The Greater Chennai Corporation, Chennai.
4. The Assistant Executive Engineer, Zone VI, The Greater Chennai Corporation, Chennai.
5. The Assistant Engineer, Zone VI, The Greater Chennai Corporation,
Chennai.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the 1st respondent herein proceedings in Zone VI/Enc/Xn78/3884/2024 dated 30.08.2024 and quash the same as illegal and consequential direction or nature of direction directing the respondents to conduct proper enquiry and pass orders after giving proper opportunity to the petitioner.
For Petitioner :
Mr.K.Rajendran Prasad For Respondents :
Ms.E.Abinaya Lakshana for Mr.E.C.Ramesh, Stdg. Counsel * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Petitioner, who admits that she is an encroacher, impugns a notice dated 30.08.2024 issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.
2. Counsel for petitioner states that petitioner has also replied to the show cause notice, but the show cause notice is yet to be adjudicated.
3. Therefore, we do not wish to exercise our discretionary jurisdiction under Article 226 of the Constitution of India. Writ petition is dismissed. There shall be no order as to costs. Consequently, the interim applications also stand dismissed. The authority who has issued the notice may adjudicate the show cause notice in accordance with law by following principles of natural justice. We clarify we have not given any interim relief of any nature to petitioner. (K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 21.10.2024 Index :
Yes/No NC :
Yes/No sra
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.
(sra) To:
1. The Commissioner, The Greater Chennai Corporation, Chennai.
2. The Assistant Commissioner, The Greater Chennai Corporation, Chennai.
3. The Executive Engineer, Zone VI, The Greater Chennai Corporation, Chennai.
4. The Assistant Executive Engineer, Zone VI, The Greater Chennai Corporation, Chennai.
5. The Assistant Engineer, Zone VI, The Greater Chennai Corporation, Chennai. 21.10.2024