Mrs. Arulmani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.Nos.30964, 30966, 30967, 30970, 30971, 30976 to 30980, 30983, 30985, 30986, 30988, 30989 & 30991 of 2023 and W.M.P.Nos. 30589, 30590, 30591, 30593, 30594, 30605, 30606, 30607, 30608, 30609, 30611, 30613, 30615, 30617, 30621 and 30624 of 2023 W.P.No.30964 of 2023 Arulmani .. Petitioner vs 1.The Commissioner Gudiyatham Municipality, Gudiyatham, Vellore District - 632 602.

2.The Tahsildar, Gudiyatham Taluk, Gudiyatham - 632 602.

.. Respondents Prayer in W.P.No.30964 of 2023 :

Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records made in the impugned notice of eviction in Na.Ka.No.1769/2023/F-1 dated 09.10.2023 by the first respondent and quash the same and further 1/4

direct the respondents to grant house site Patta in T.S.No.792/57 situated at Periyar Nagar, Gudiyatham Taluk, Vellore District. For Petitioner :

Mr.B.Lenin Balu (in all writ petitions) For Respondents :

Mr.P.Balathandayutham Special Government Pleader for R1 (in all writ petitions) Mr.A.Selvendran, Special Government Pleader for R2 (in all writ petitions) COMMON ORDER (Order of the Court was made by D.BHARATHA CHAKRAVARTHY.,J) These writ petitions are filed challenging the notices issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. 2.

Learned Special Government Pleader submits that orders are in the nature of show-cause notices, as the orders also state that the petitioners can give their explanation. 3.

Learned counsel for the petitioner in all writ petitions submits that pursuant to the impugned orders passed, already the petitioners have submitted their explanation. 2/4

4.

Therefore, we are inclined to dispose of these writ petitions on the following terms:- (i) The orders impugned in these writ petitions shall be treated as show-cause notices.

(ii) The petitioners have already submitted their explanation and the same shall be considered and speaking orders shall be passed in the manner known to law before resorting to further action.

(iii) No costs. Connected miscellaneous petitions are closed.

(D.B.C.,J) (V.L.N.,J) 26.10.2023 Index:Yes/No mmi/ssm To 1.The Commissioner Gudiyatham Municipality, Gudiyatham, Vellore District - 632 602.

2.The Tahsildar, Gudiyatham Taluk, Gudiyatham - 632 602.

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D.BHARATHA CHAKRAVARTHY.,J AND V. LAKSHMINARAYANAN.,J mmi/ssm W.P.No.30964 of 2023 etc batch 26.10.2023 4/4