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Madras High CourtWP/35735/2023disposed of

N.B.Saravanan v. Government Of Tamil Nadu

2024-01-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. N.B.Saravanan

2. S.Gayathri ..

Petitioners Vs.

1. The Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai - 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

3. The Commissioner Kundrathur Panchayat Union (E) Padappai No.1, Lalachatram Road Kundrathur, Chennai - 600 069.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the impugned order in Letter No.5111/2023/A3 dated 20.09.2023 in the file of the third respondent and quash the same.

For the Petitioners : Mr.B.Vasanthan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 and R3 Mr.Y.Bhuvanesh Kumar Standing Counsel for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.Vasanthan, learned counsel for the petitioners, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 and 3 and Mr.Y.Bhuvanesh Kumar, learned Standing Counsel for respondent 2.

2. It appears that a complaint was filed to the Kundrathur Panchayat Union. Pursuant to the said complaint, the Commissioner, Kundrathur Panchayat Union passed the impugned order, directing the petitioners to demolish the encroachment in the area within fifteen days.

3. Amongst the other submissions, one of the submissions of the learned counsel for the petitioners is that prior to the impugned order being passed, no notice was served upon the petitioners. The other contention is that the Commissioner, Kundrathur Panchayat Union does not possess any authority or jurisdiction to pass such an order.

4. As it is submitted that notice was not issued prior to the impugned order and the impugned order does not suggest any notice being issued, we pass the following orders:

The impugned order dated 20.09.2023 shall be construed as a show-cause notice. The petitioners shall file a reply to the same within a period of ten days from today. If reply is filed by the petitioners within ten days, the authority shall consider the reply and the defence raised by the petitioners and then pass fresh orders in accordance with law. The authority shall also decide upon the objection raised by the petitioners as to the

jurisdiction of the authority to pass such an order.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.35713 and 35716 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 03.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai - 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

3. The Commissioner Kundrathur Panchayat Union (E) Padappai No.1, Lalachatram Road Kundrathur, Chennai - 600 069.

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

(drm) 03.01.2024