K.Manivannan v. Avadi City Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024 CORAM :

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

Petitioner Vs.

1. Avadi City Municipal Corporation Rep. by its Commissioner Avadi, Chennai - 600 054.

2. Tahsildar Avadi Taluk, Modern City Deenadayalan Nagar, Pattabiram Thiruvallur District.

3. R.Velmurugan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the 2nd respondent in pursuant to the impugned proceeding dated 30.03.2023 in Na.Ka.No. 364 / 2021 / A2 passed by the 2nd respondent in pursuant to the internal order of the 1st respondent dated 15.9.2022 petitioner [not served to the petitioner] and quash the same and consequently direct the 1st and 2nd respondent not to interfere in the present issue.

For the Petitioner : Mr.S.Sai Shankar For the Respondents : Mr.R.A.Gopinath Standing Counsel for R1 Mr.A.Edwin Prabakar State Government Pleader for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Sai Shankar, learned counsel for the petitioner, Mr.R.A.Gopinath, learned Standing Counsel for the first respondent and Mr.A.Edwin Prabakar, learned State Government Pleader for the second respondent.

2. Learned counsel for the petitioner assails the letter dated 30.03.2023 issued by the Tahsildar, Avadi.

3. The same is not issued to the petitioner, nor any directions are given in the said letter.

4. Learned Standing Counsel for the first respondent submits that thereafter, notices have been issued by the first respondent to the petitioner on 30.09.2023, 05.10.2023 and 12.12.2023 for removal of encroachment.

5. It is for the petitioner to reply to the said notices or take appropriate steps in respect of the said notices. The petitioner is entitled to put forth his stand before the first respondent. In that event, all contentions are kept open.

6. The writ petition, as such, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.1843 and 1916 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 31.01.2024 Index :

Yes/No :

Yes/No drm To

1. Avadi City Municipal Corporation Rep. by its Commissioner Avadi, Chennai - 600 054.

2. Tahsildar Avadi Taluk, Modern City Deenadayalan Nagar, Pattabiram Thiruvallur District.

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

(drm) 31.01.2024