M.Kala, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and W.M.P.Nos.26787 & 26788 of 2017 M.Kala, W/o.Mani, 49/65, Kamatchi Amman Koil Street, Cuddalore O.T 607 003.

... Petitioner Vs.

1.The Commissioner, Cuddalore Municipality, Cuddalore.

2.R.Balaji, S/o.Radhakrishnan, No.17, Chinnavaaniyar Street, Thiruppaapuliyur, Cuddalore 607 002.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to the notice dated 30.08.2017 issued by the Respondent, Commissioner of Cuddalore Municipality and quash the same.

For Petitioner : No appearance 1/4

For Respondents : Mr.P.Srinivas (for R1)

O R D E R

This Writ Petition has been filed to call for the records pertaining to the notice dated 30.08.2017 issued by the 1st Respondent, Commissioner of Cuddalore Municipality and quash the same.

2.No one represented on behalf of the Petitioner. 3.Heard the learned standing counsel appearing on behalf of the 1st Respondent.

4.Learned standing counsel appearing on behalf of the 1st Respondent would submit that on inspection of the building, the Commissioner, Cuddalore Municipality, Cuddalore/1st Respondent herein had issued the impugned notice dated 30.08.2017, under Section 344 of the Tamil Nadu District Municipalities Act, stating that the petition premises situated at Door No.49/65, Kamatchi Amman Koil Street, Cuddalore, O.T. 607 003, is unfit for human habitation, as per Section 237 of the Tamil Nadu District Municipalities Act, 1920. 2/4

5.Learned standing counsel appearing on behalf of the 1st Respondent also produced the copy of photograph of the subject building. In fact, the condition of the building is worse than the photograph filed along with the typed set of papers and the subject building does not fit for human habitation and hence, I find that there is no merit is this Petition. 6.Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 07.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To The Commissioner, Cuddalore Municipality, Cuddalore.

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RMT.TEEKAA RAMAN.J, sai and W.M.P.Nos.26787 & 26788 of 2017 Dated: 07.03.2023 4/4