A.Chamundeeswari v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Chamundeeswari ..

Petitioner v The Commissioner Coimbatore Corporation Coimbatore 641 001 ..

Respondent Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records on the file of the respondent notice dated 13.12.2022 issued under Section 258, 441 of the Coimbatore Corporation Act, 1981 and quash the same. For Petitioner ::

Mr.P.Kannan Kumar For Respondent ::

Mr.Najeeb Usmarkha Standing Counsel

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed challenging the impugned notice dated 13.12.2022 issued by the respondent under Sections 258 & 441 of the Coimbatore City Municipal Corporation Act, 1981, wherein the petitioner has been called upon to remove the ACC car shed put up in the water canal.

2. When we asked the learned counsel appearing for the petitioner to produce the documents like patta or any other revenue record to prove the title or ownership, the learned counsel only sought time to produce the same, as he is not in possession of the same presently. We do not find any justification in the said request, as the petitioner, while coming to the Court, ought to have filed the documents of title to prove her ownership. Therefore, the writ petition stands dismissed. Consequently, W.M.P.No.33801 of 2022 is also dismissed. No costs. Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 22.12.2022 ss

To

1. The Commissioner Coimbatore Corporation Coimbatore 641 001

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

ss 22.12.2022