Madras High CourtWP(MD)/13471/2015disposed of

Nagarajan v. The Regional Director

2015-07-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition (MD) Nos.13471 to 13477 of 2015 Nagarajan .. Petitioner in WP(MD)No.13471/2015 Periyannan .. Petitioner in WP (MD) No.13472/2015 Vellaiya Pillai .. Petitioner in WP(MD) No.13473/2015 Dharmarajan .. Petitioner in WP(MD) No.13474/2015 Periyasamy .. Petitioner in WP(MD) No.13475/2015 Sannasi .. Petitioner in WP(MD) No.13476/2015 Boopathi .. Petitioner in WP(MD) No.12477/2015 Vs.

1.The Regional Director, Municipal Administration, Salem.

2.The Commissioner, Kulithalai Municipality, Kulithalai.

3.The Chairman, Kulithalai Municipality, Kulithalai.

.. Respondents in all the WPS Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the notice dated 2nd July 2015 issued by the second respondent in Na.Ka.No.2247/2014/A1 and quash the same and further direct the second respondent to forbear from demolishing the shop No.1 in Door No.47F in Andar Main Road, Kulithalai, Karur District ii) Shops in old Door Nos.6 & 7 in ward No.19 of Andar Main Road, Kulithalai Kurur District.

iii) Shop No.12 of Vysyal street, Periyaplayam, Kulithalai, Kurur Distirct.

iv) Shop No.2 in Door No.47G in Andar Main Road, Kulithalai, Kurur District.

v) Shop No.3 in Door No.47H in Andar Main Road, Kulithalai, Kurur District.

vi)Shop No.4 in Door No.47I in Andar Main Road, Kulithalai, Kurur District.

vii) Shop No.5 in Door No.47J in Andar Main Road, Kulithalai, Kurur District, or dispossessing the petitioner from the said shop. For Petitioner : Mr.RM.Sivakumar For Respondent : Mr.S.Sadeeshkumar, (In all W.Ps) Additional Government Pleader.

For R1 For Respondents : Mr.M.Rajarajam For R2 & R3 (In all W.Ps) https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard the learned counsel appearing for the petitioner and Mr.S.Sadhishkumar, learned Additional Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage.

2.Challenging the notices issued by the second respondent in Na.Ka.No.2247/2014/A1, dated 02.07.2015, the present writ petitions have been filed.

3.On an earlier occasion, when the petitioners were sought to be evicted, W.P(MD)Nos.16973 to 16984 of 2014 were filed. While disposing of those writ petitions, this Court directed the authority to give adequate opportunity to the petitioners before passing appropriate orders. However, after a period of one year, the same type of notices have been issued directing the petitioners to vacate and hand over possession which act of the second respondent cannot be countenanced. 4.In such view of the matter, the impugned notices shall be treated as a show cause notice for which the petitioners shall file necessary documents and objections with the respondents within 30 days from the date of receipt of a copy of this order. On receipt of such objections, the authority shall consider the same and pass appropriate orders. Till such time, the petitioners shall not be evicted. The writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar sms To 1.The Regional Director, Municipal Administration, Salem.

2.The Commissioner,Kulithalai Municipality, Kulithalai.

3.The Chairman, Kulithalai Municipality, Kulithalai.

+7CC to Mr.R.M.Sivakumar ADV.SR.No.42577 & 42578 +1CC to SPl.Government Pleader SR.No.43140 GJM27.8.15-2P-12C Writ Petition (MD) Nos.13471 to 13477 of 2015 Dated : 31.07.2015 https://hcservices.ecourts.gov.in/hcservices/