S.Somasundari v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.16774 of 2015 S.Somasundari ... Petitioner Vs.

The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the respondent in Na.Ka.No.1155/2015/TP2 dated 03.09.15 and quash the same and consequently forbear the respondent form interfering with the petitioners peaceful possession and enjoyment of the house bearing 3-a/3 Managavalam Pillai Hospital Street Palayamkottai Tirunelveli District.

For Petitioner : Mr.H.Arumugam For Respondent :Mr.Aayiram K.Selvakumar, Special Government Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) Challenging the notice issued by the Commissioner calling upon the petitioner to vacate the land encroached by him in Town Survey No.1303/1, Managavalan Pillai Hospital Street, Palayamkottai, the present writ petition has been filed.

2.The primary reason for challenging the impugned notice is that the same has been issued to the petitioner's father who is no more and there is gross violation of principles of natural justice as though it is termed as notice, a specific direction is issued to the petitioner directing her to vacate the land. However, considering the fact that it is termed as notice, the petitioner is entitled to give a reply to the said notice. Since the impugned notice is stated to be a notice, the authority shall not proceed on the basis that it is an order. Hence, the petitioner shall treat the same as notice and submit a reply to the notice within a period of 30 days from the date of receipt of a copy of this order. On receipt of such reply, the authority shall consider the same and pass appropriate orders. Till such time, the petitioner's occupation of the property shall not be disturbed. https://hcservices.ecourts.gov.in/hcservices/

3.The writ petition stands disposed of in the above terms. No costs. Consequently, M.P(MD)Nos.1 and 2 of 2015 are closed. Sd/- Assistant Registrar -AS /TURE COPY/ Sub Assistant Registrar sms TO THE COMMISSIONER, TIRUNELVELI MUNICIPAL, CORPORATION, TIRUNELVELI +1 cc to MR.H.ARUMUGAM, ADVOCATE, SR NO: 55002 JAM/JGB/05.10.2015/2P-3C Writ Petition (MD) No.16774 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/