Madras High CourtWP(MD)/9386/2018disposed of

L.Nalla Perumal v. The Members Secretary

2018-04-25Honourable Mr Justice M.Duraiswamy,Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.9386 of 2018 and W.M.P(MD)No.8663 of 2018 L.Nalla Perumal ... Petitioner Vs.

The Member Secretary, Local Planning Authority, 11-A, Ramanpillai Street, Ramavarampuram, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the respondent in his proceedings in Na.Ka.No.583/2013/Na.Uo.Thi.Ku, dated 23.04.2018 and quash the same as illegal and consequently forbear the respondent from in any way taking coercive action against the petitioner's building pending final determination on the retention application submitted by the petitioner on 19.04.2018.

For Petitioner : Mr.M.Mohaboob Athiff for M/s.Ajmal Associates For respondent : Mr.A.K.Baskara Pandian Special Govt. Pleader

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings, issued by the respondent, dated 23.04.2018 and quash the same as illegal and consequently forbear the respondent from taking coercive action against the https://hcservices.ecourts.gov.in/hcservices/

petitioner's building pending final determination on the retention application submitted by the petitioner on 19.04.2018. 2.The learned counsel appearing for the petitioner submitted that the impugned notice dated 23.04.2018 has been issued in the name of the petitioner's father, who had died as early as on 21.07.1991. The learned counsel submitted that since the notice has been issued in the name of a dead person, the same is liable to be set aside.

3.Mr.A.K.Baskara Pandian, learned Special Government Pleader, taking notice for the respondents, on instructions, submitted that since notice has been issued in the name of a dead person, the respondent is withdrawing the impugned notice dated 23.04.2018.

4.Since the respondent is withdrawing the impugned notice, dated 23.04.2018, the writ petition is closed. However, it is open to the respondent to issue fresh notice in the name of the petitioner and initiate appropriate action in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Member Secretary, Local Planning Authority, 11-A, Ramanpillai Street, Ramavarampuram, Nagercoil, Kanyakumari District.

+1cc to M/S.Ajmal Associates, Advocate in Sr.No. 63956 +1cc to THE SPECIAL GOVERNMENT PLEADER, Sr.No. 64191 VS AE/RSK/SAR1/17.05.2018/2P/4C W.P(MD)No.9386 of 2018 25.04.2018 https://hcservices.ecourts.gov.in/hcservices/