S.Gunasundari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Gunasundari .. Petitioner vs 1.The District Collector, Kancheepuram, Kancheepuram District.
2.The Superintendent of Police, Kancheepuram, Kancheepuram District.
3.The Divisional Engineer, State Highways Department, Operation and Maintenance, Kancheepuram.
4.The Tahsildar, Walajabad Taluk, Kancheepuram District.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the third respondent's impugned final notice in Ku.No.89/2023/E.Va.Aa/dated 7.6.2023 and quash the same, consequently directing the respondents to restore the petitioner's possession on part with other 29 residents comprised in Survey No.3 Ayimicherry Village, Walajabad Taluk, Kancheepuram District. For the Petitioner : Mr.B.Srinivasan For the Respondents : Mr.K.Karthik Jagannath Government Advocate
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.B.Srinivasan, learned counsel for the petitioner; and, Mr.K.Karthik Jagannath, learned Government Advocate for the respondents.
2. Learned counsel for the petitioner submits that the petitioner was residing in the subject writ premises for 25 years. Without any
show cause notice, the impugned final notice is issued and the construction of the petitioner is demolished.
3. Learned Government Advocate, on instructions, accepts the fact that prior to the issuance of the impugned final notice dated 7.6.2023, no show cause notice was issued.
4. In the light of the above, we pass the following orders: (i) The impugned final notice shall be treated as a show cause notice.
(ii)The petitioner may file her reply within fifteen
(15) days from today.
(iii)The respondent authorities shall consider the reply filed by the petitioner and take a decision afresh with regard to the possession of the petitioner or otherwise.
(iv)Depending upon the decision taken, the parties may take further steps.
5. The writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, W.M.P.No.30381 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 10.01.2024 Index :
Yes/No Yes/No bbr To 1.The District Collector, Kancheepuram, Kancheepuram District.
2.The Superintendent of Police, Kancheepuram, Kancheepuram District.
3.The Divisional Engineer, State Highways Department, Operation and Maintenance, Kancheepuram.
4.The Tahsildar, Walajabad Taluk, Kancheepuram District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 10.01.2024