B.Suresh Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.37629 of 2024 in B.Suresh Kumar S/o.K.Balusamy ... Petitioner Vs.
1.
The District Collector Office of the District Collectorate Coimbatore - 641 018.
2.
The Commissioner Coimbatore Corporation Coimbatore.
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No.2024/H1(Va) dated 09.08.2024 Page Nos.1/6
passed by the 2nd respondent, quash the same and consequently, direct the respondents herein not to interfere with the petitioner's peaceful possession and enjoyment of the plot bearing No.39 situate at S.F.Nos.341 and 342, Santhi Nagar, Sowripalayam Village, Ward No.28, North Zone, Coimabtore Corporation.
For Petitioner :
Mr.K.Govi Ganesan For Respondents :
Mr.T.K.Saravanan Government Advocate, for R1 Mr.D.R.ARun Kumar Standing Counsel, for R2
O R D E R
[Order of the Court was made by K.RAJASEKAR, J.,] This writ petition has been filed challenging a notice dated 09.08.2024 passed by the second respondent, calling upon the writ petitioner to remove the encroachment in 'S.Nos.341 and 342, Ward No.28, converted into an approved layout called Shanthi Nagar, Sowripalayam Village, North Zone, Coimbatore' {hereinafter 'subject property' for the sake of brevity, convenience and clarity}.
2. The learned counsel for the writ petitioner submitted that the Page Nos.2/6
subject property was allotted in favour of writ petitioner's mother in their family partition and they were in possession and enjoyment of the same for a very long period. The learned counsel further submitted that a gift deed for formation of Road was executed by Shanthi Nagar Site Owners-Association in favour of the Coimbatore City Municipal Corporation and the writ petitioner along with four others filed a suit in O.S.No.1314 of 2000 on the file of the III Additional District Munsif Court, Coimabtore, to declare the gift deed as null and void and for permanent injunction and a decree has been obtained in their favour and hence, the impugned notice is not sustainable.
3. Issue notice to respondents.
4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for the first respondent. Mr.D.R.Arun Kumar, learned Standing Counsel accepts notice for second respondent.
5. The learned counsel for second respondent submits that since the Page Nos.3/6
road portion of the approved layout was encroached by the writ petitioner, the impugned notice was issued. The learned counsel for second respondent further submitted that so far no reply has been received from the writ petitioner and further action will be taken by the respondents under Section 128(1)(b) of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' {hereinafter 'TNULB Act' for the sake of brevity}.
6. A careful perusal of proviso to Section 128(1)(b) of TNULB Act brings to light that the Commissioner is a competent authority to issue notice for removal of encroachment. Admittedly, the impugned notice has been issued by the Commissioner, Coimbatore Corporation to the writ petitioner but he has not yet submitted his objections.
7. Considering the submissions made on both sides, we are inclined to dispose of the writ petition with the following directions : (a) The writ petitioner shall send a representation / reply in response to the impugned notice within seven days from today i.e., on or before 03.12.2024;
Page Nos.4/6
(b) After receiving the representation from the writ petitioner, the Commissioner shall pass orders on its own merits and in accordance with law;
(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 before the Commissioner by way of representation. With the above directions, the Writ Petition is disposed of. Consequently, connected writ miscellaneous petition is closed. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 26.11.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk To 1.
The District Collector Office of the District Collectorate Coimbatore - 641 018.
2.
The Commissioner Coimbatore Corporation Coimbatore.
26.11.2024 Page Nos.6/6