Madras High CourtWP(MD)/6050/2022closed

Murugeswari v. The Commissioner

2022-06-09Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P(MD) No.6050 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.6050 of 2022 and W.M.P(MD) Nos.4713 and 4714 of 2022 Murugeswari ... Petitioner -vs1.The Commissioner, Paramakudi Municipality, Paramakudi.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, Paramakudi Taluk.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari call for the records relating to the proceedings of the impugned Notice in Na.Ka.No.638/2022/F2 dated 25.03.2022 on the file of the first respondent and quash the same.

For Petitioner :

Mr.G.Prabhu Rajadurai For Respondents :

Mr.Veera Kathiravan, Additional Advocate General, assisted by Mr.M.Kannan for R1 Mr.P.Thilak Kumar, Government Pleader for R2 and R3.

O R D E R

(Made by P.N.PRAKASH, J.) The Commissioner, Paramakudi Municipality, appears to have issued a notice dated 25.03.2022 to the petitioner for the removal of encroachments in a waterbody. Aggrieved by which, the present writ petition has been filed on the ground that the Commissioner of the said Municipality does not have the power to undertake this exercise.

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W.P(MD) No.6050 of 2022

2. When the matter is taken up for hearing, Mr.Veera Kathiravan, learned Additional Advocate General, submitted that the notice dated 25.03.2022 has been withdrawn by order dated 27.04.2022.

3. Recording the same, this writ petition is closed with liberty to the competent authority to proceed with the encroachment drive in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn To 1.The Commissioner, Paramakudi Municipality, Paramakudi.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, Paramakudi Taluk.

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-24988[F] dated 10/06/2022 ) +1 CC to M/s.SPL.GP ( SR-25165[F] dated 10/06/2022 & SR-25434[F] dated 13/06/2022 ) W.P.(MD) No.6050 of 2022 09.06.2022 MGJ(20.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ ____________