Muniyandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.1431 of 2025 Muniyandi ... Petitioner Vs.

1.The District Collector, Tenkasi, Tenkasi District 2.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the impugned notice in Na.Ka.No. 9157/2024/H1 dated 13.01.2025 issued by the 2nd respondent herein and quash the same. For Petitioner : Mr.R.J.Karthick For R-1 : Mr.D.S.Neduncheliyan, Government Advocate For R-2 : Mr.M.Rajarajan, Standing counsel ***** 1/6

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to call for the records of the impugned notice in Na.Ka.No. 9157/2024/H1 dated 13.01.2025 issued by the 2nd respondent herein and quash the same.

3.Heard the learned counsels on either sides and carefully perused the materials available on record.

4.The learned counsel for the petitioner drew my attention to the proceedings of the Sankarankovil Municipality dated 10.09.1993, which would reveal that the houses which are occupied by the petitioner were earlier handed over to the second respondent Municipality by the Slum Clearance Board and the same is extracted as follows: 2/6

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5.He further drew my attention to the final notice in Na.Ka.No. 8836/89/F1 dated 08.12.1995 of the Sankarankovil Municipality / the second respondent, which would reveal that the second respondent municipality had handed over the possession of the house to the petitioner in which he is residing. The said final notice would reveal that the total sale consideration of the house has been fixed as Rs.59,500/- (Rupees Fifty Nine Thousand and Five Hundred only) and the same was handed over to the petitioner on condition to pay an amount of Rs.350/- (Rupees Three Hundred and Fifty only) per month in 171 installments. However, now the impugned order has been passed by the 2nd respondent municipality for the purpose of accommodating the newly appointed scavengers in the said houses.

6.In view of the same, the impugned notice is hereby quashed and the matter is remanded back to the second respondent for reconsideration of the issue in the line of the proceedings of the final notice dated 10.09.1993 extracted supra after giving appropriate opportunity of hearing to the parties concerned. The 1st respondent is also directed to consider the plight of the petitioner in the light of G.O.Ms.No.465, Revenue department, dated 27.11.2018, if they are otherwise eligible.

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7.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, Tenkasi, Tenkasi District 2.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

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L.VICTORIA GOWRI, J.

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