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Madras High CourtWP(MD)/2323/2021disposed of

Subramanian.M v. The Commissioner

2021-02-10Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.2323 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.2323 of 2021 and W.M.P(MD)1934 of 2021 (Through Video Conferencing) M.Subramanian ... Petitioner Vs.

The Commissioner Puliyangudi Municipality Puliyangudi Tenkasi District.

...Respondent

PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari to call for the records pertaining to the impugned notice in Na.Ka.No.00944/2020/F1 dated 26.03.2020 issued by the respondent and to quash the same as illegal and void.

For Petitioner : Mr.A.K.Hemaraj For Respondents : Mr.M.Rajarajan Additional Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition challenging the impugned notice invoking Section 182 of the Tamil Nadu District Municipalities Act, 1920.

2.The learned counsel for the petitioner submitted that the aforesaid order has been issued stating that the petitioner has encroached and directed him to remove the same within 15 days. Though the petitioner gave a reply on 30.07.2020, the respondent has not considered the same.

3.The learned counsel for the respondent Municipality submitted that the public road has been encroached by the petitioner. 4.In as much as the petitioner has given reply to the impugned notice as early as on 30.07.2020, we direct the respondent to pass final orders on the same within two weeks from the date of receipt of a copy of this order. Till such time, status quo as of today shall be maintained.

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

W.P.(MD)No.2323 of 2021

5. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) 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 The Commissioner Puliyangudi Municipality, Puliyangudi, Tenkasi District.

+1 CC to Mr.M.RAJARAJAN, Advocate ( SR-4412[F] dated 11/02/2021 ) W.P.(MD)No.2323 of 2021 10.02.2021 (KUN) KV(23.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2