Rashitha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.6312 & 6313 of 2025 Rashitha ... Petitioner vs.

1.The Commissioner, Karur Corporation, Karur.

2.The Tahsildar, Karur Taluk, Karur District.

... Respondents PRAYER : Writ 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 files in Na.Ka.No.9742/2015/F1 dated 10.03.2025 and quash the same as illegal, unlawful and unconstitutional and consequently direct the respondents herein to proceed with the eviction process after conducting an 1/6

proper survey to demarcate the property in Town Survey Nos.1112 and 1113 for other consequential reliefs.

For Petitioner : Mr.S.Ramesh For R - 1 : Mr.K.Balasubramani Standing Counsel For R - 2 : M/s.D.Farjana Ghousia Special Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Challenging the impugned order, passed by the first respondent dated 10.03.2025, wherein the first respondent directed the petitioner to vacate the property comprised in Town Survey Nos.1112 and 1113 at Ward No.2, Karur Town.

2.According to the petitioner, she is possession and enjoyment of the property comprised in Town Survey No.1113 at Ward No.2, Karur Town. While being so, the first respondent issued a show-cause notice dated 02.01.2025 under 2/6

Section 128(1)(b) & 2 of the Tamil Nadu Urban Local Bodies Act, alleging that she is an encroacher over the property in Town Survey No.1112. In response to the said notice, the petitioner gave a reply on 10.01.2025 requested to proceed in the said eviction process by conducting a survey and to demarcate the property in Town Survey Nos.1112 and 1113. The authority concerned without considering the reply, passed the impugned order. Challenging the same, the petitioner is before this Court.

3.Heard Mr.S.Ramesh, learned counsel appearing for the petitioner, Mr.K.Balasubramani, learned standing counsel appearing for the first respondent and Mrs.D.Farjana Ghousia, learned Special Government Pleader appearing for the second respondent and perused the materials placed before this Court. 4.On perusal of the materials available on record, it is seen that based on the orders passed by this Court in W.P(MD)No.3340 of 2018, dated 19.02.2018 and based on the interim order passed by this Court in Contempt Petition(MD)No.339 of 2019 in W.P(MD)No.3340 of 2018, dated 08.08.2023, survey has been conducted and proceedings have been initiated by the first 3/6

respondent. Therefore, we are not inclined to entertain the Writ Petition. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [J.N.B.,J.] & [S.S.Y.,J.] 27.03.2025 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The Commissioner, Karur Corporation, Karur.

2.The Tahsildar, Karur Taluk, Karur District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 27.03.2025 6/6