Guna v. The District Collector,

W.P.(MD)No.1869 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.1869 of 2021 and W.M.P.(MD)No.1610 of 2021 Guna ... 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 her dwelling house, situated in 36th Ward Vaigai Vadagarai (Puliyanthoppu) Street, Survey No.X, Block No.5, T.S.No.39 at Door No.566, Melakaratheru, Vaigai Vadagarai, Puliyanthoppu, Madurai, without following the due process of law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Murugaraj Government Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has challenged the impugned notice, dated 15.12.2020, 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 given his objection on 25.12.2020.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1869 of 2021 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-III) // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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 SGP ( SR-3301[F] dated 04/02/2021 ) W.P.(MD)No.1869 of 2021 03.02.2021 KM (15.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2