Madras High CourtWP(MD)/1951/2021disposed of

Karthik v. The District Collector

2021-02-05Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.1951 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.1951 of 2021 and W.M.P.(MD)No.1669 of 2021 Karthik ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai District.

2.The Commissioner, Office of the Commissioner, Madurai Corporation, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents not to evict the petitioner from his dwelling house, situated in Door No.566, in 36th Ward Vaigai Vadagarai (Puliyanthoppu) Street, Survey No.X, Block No.5, T.S.No.39, Madurai, without following the due process of law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Murugaraj Government Advocate for R.1 Mr.R.Murali, Standing Counsel for R.2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has received a notice, dated 15.12.2020, from the respondent no.2 which states that the petitioner will have to remove the encroachment made and if there is any objection, the same will have to be given within 14 days from the date of receipt of a copy of the same. The petitioner gave a representation, dated 25.12.2020. As there is a demolition scheduled to take place, the present Writ Petition is filed.

2.The notice issued by respondent No.2, dated 15.12.2020, has to be treated as a show cause notice and that is the reason why, the petitioner's objection was called for. The petitioner has also https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1951 of 2021 given his objection on 25.12.2020.

3.In such view of the matter, we direct respondent No.2 to pass final order within a period of four weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained.

4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Office of the District Collector, Madurai District.

2.The Commissioner, Office of the Commissioner, Madurai Corporation, Madurai.

+1 CC to M/s.GP ( SR-3792[F] dated 08/02/2021 ) W.P.(MD)No.1951 of 2021 05.02.2021 (NA)CO AP(19/02/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2