Dhanaraj.A v. Thoothukudi Municipal Coproration

W.P.(MD)No.1784 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.1784 of 2021 and W.M.P.(MD)Nos.1515 and 1517 of 2021 A.Dhanaraj ... Petitioner Vs.

1.Thoothukudi Municipal Corporation, Thoothukudi, Rep. by its Commissioner and Special Officer. 2.The Assistant Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

3.The Assistant Engineer, Thoothukudi Municipal Corporation, Thoothukudi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records related to the impugned proceedings of the first respondent, dated 04.12.2020, in Na.Ka.No.F1 and the proceedings signed by the second and third respondents, dated 30.11.2020, quash the same and consequently, direct the respondents to remove the lock and seal affixed upon the petitioner's property in Door No.120, South Raja Street, Thoothukudi. For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.Saji Bino Standing Counsel * * * * *

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has challenged the lock and seal notice, which action has been taken pursuant to the order passed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1784 of 2021 2.Mr.N.Dilipkumar, learned counsel appearing for the petitioner by placing reliance upon the affidavit filed in support of the Writ Petition, with reference to Paragraphs 18 to 20, submitted that the petitioner will not put up further construction and therefore, there is no need to keep the premises under lock and seal.

3.Mr.Sajio Bino, learned Standing Counsel appearing for the respondent Corporation submitted that the aforesaid statement may be recorded.

4.Recording the submission made by the learned counsel appearing for the petitioner, the lock and seal made is directed to be removed, making it clear that the respondent Corporation shall proceed further in accordance with law with respect to the unauthorised construction.

5.This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. We make it clear that we have not expressed any opinion on the merits of the case.

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.

+1 CC to MR.N.DILIP KUMAR, Advocate ( SR-3162[F] dated 03/02/2021 ) W.P.(MD)No.1784 of 2021 03.02.2021 VB (12.02.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2