N.Mahaa Swetha v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-12-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
1. N.Mahaa Swetha S/o. M. Nagarajan, Door No.329/423 Near Kannadi Mill, Therkku Kaadu, Attur, Salem District.
Petitioner(s) Vs
1. The Commissioner Attur Municipality, Salem District.
2.The Tahsildar Attur Taluk Office, Salem District.
Respondent(s) PRAYER : Writ Petition filed under Article 226 of Constitution of India to direct the 1st respondent to permit the petitioner to participate in the enquiry to be held on in connection with Notice issued in Na.Ka. No.3714/2024/F1 dated 18.11.2025 by affording an opportunity of fair personal hearing to put forth the petitioner her oral submissions and submit relevant documents and thereupon pass appropriate orders within a stipulated time frame after considering the representation of the petitioner dated 26.11.2025 in accordance with law on merits and pass For Petitioner(s):
M/s. N.S.Suganthan For Respondents:
Dr.T.Seenivasan, Special Government Pleader - R1 Mr.M.Shajahan, Special Government Pleader - R2
ORDER
The petitioner states that her father Nagarajan was the owner of the property situated in old survey No.492/2-P, T.S.No.47/2 and T.S.No.48/1 situated in Attur Municipality, Attur Taluk, Salem District. The said Nagarajan settled the property in favour of the petitioner on 11.11.2020. The petitioner inturn executed a sale deed for a portion 1 acre 20 cents in favour of one Raja and Sunanda on 30.11.2020. She retained 1.831/2 acres which had been settled in her favour. She pleads that she had put up a construction and residing therein.
2. The purchasers Raja and Sunanda developed a lay out under the name of Sun City Developers that had also plotted a 30 ft., road and handed over the same for being used for the said purpose. The cause of action for the present writ petition is that one Sumathi filed a writ petition seeking a direction to dispose of her representations dated 28.11.2024 and 16.04.2025. This Court by an Order dated 17.06.25 within a period of 8 weeks after hearing writ petitioner therein.
3. Not being unusual, the respondent did not pass any Order in compliance with the Orders of this Court. Hence, Ms.Sumathi filed a contempt petition in Cont.P.No.3807 of 2025 and on filing of the contempt the respondent
finally woke from the slumber and decided to implement the Order of this Court. The first respondent issued a notice on 18.11.2025 to Tmt.Sumathi alone. Hence, the petitioner is before this Court.
4. Heard Mr.N.S.Suganthan for the petitioner , Dr.Srinivasan for the first respondent and Mr.Shajahan for the second respondent.
5. The narration of the facts goes to show that this Court had directed the disposal of the representation made by Ms.Suganthi with respect to the creation of the lay out purchased from the writ petitioner. This court had also stated that reasonable opportunity should be afforded to the petitioner. The first respondent had construed it as if he need not hear any other affected party. That is certainly not the purport of the Order passed by this Court in W.P.No.21249 of 2025. While complying with the Orders passed by this Court dated 17.06.2025, the first respondent will also hear the petitioner and any other person, who might be affected by the Order passed by the first respondent and thereafter pass appropriate Orders in the representation of Ms.Sumathi dated 28.11.2024 and 16.04.2025.
6. Mr.N.S.Suganthan states whatever documents are in his possession, together with his objections, will be handed over to the first respondent within 19.12.2025. The first respondent shall pass an order on or before 31.12.2025.
7. With the above direction, this Writ Petition is disposed of. 10-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Commissioner Attur Municipality, Salem District.
2.The Tahsildar Attur Taluk Office, Salem District.
V.LAKSHMINARAYANAN J.
vrc 10-12-2025