Syed Abdul Khader, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.20698 of 2017 Syed Abdul Khader

...Petitioner

Vs.

1.The Commissioner, Ramanathapuram Municipality, Ramanathapuram District.

2.Kaleeswaran 3.Kumar 4.Rasu 5.Nainar Mohammed 6.Abdul Huk

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to take further action in pursuance to the notice issued by him to the respondents No.2 to 6 in Na.Ka.No.1155/2017/F 1 dated 18.09.2017 in accordance with law within a time stipulated by this Hon'ble court. For Petitioner :Mr.S.Dinesh Rao For Respondents :Mr.T.S.Mohamed Mohideen, Additional Government Pleader for R.1 ***

O R D E R

By consent, this writ petition is taken up for final disposal, at the stage of admission itself.

2. Mr.T.S.Mohamed Mohideen, learned Special Government Pleader takes notice for the first respondent. Notice to other respondents is dispensed with, as no adverse order is going to be passed against them.

3. Alleging that the building of the petitioner is in a dilapidated condition, the first respondent has directed him to demolish the same, who in turn requested his tenants, to vacate the building, so as to comply with the order of the first respondent. Thereafter, several suits and petitions came to be filed and after some rounds of litigation, this Court, by order dated 05.07.2017, https://hcservices.ecourts.gov.in/hcservices/

dismissed the Crl.OP(MD)No.8191 of 2017, with liberty to get an order from the local body, after issuing notice to the tenants or to file petition before Rent Controller.

4. Pursuant to the said direction, the petitioner has submitted a representation dated 08.09.2017, before the first respondent, requesting them to issue notice to his tenants, viz., respondents 2 to 6. Subsequent thereto, the first respondent has also issued notice dated 18.09.2017 under Section 218 of the Tamil Nadu District Municipalities Act, 1920, to the respondents 2 to 6, but thereafter, no steps have been taken in the matter and hence, the petitioner is before this Court for appropriate orders.

5. Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to proceed further in this issue and take appropriate action, in the manner known to law, after affording due opportunity of hearing to all the necessary parties, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To The Commissioner, Ramanathapuram Municipality, Ramanathapuram District.

+1cc to Mr.S.DINESH RAO Advocate in SR. No. 86387 GK JS/SV.MMS/SAR.1/21.11.2017/2P-3C W.P.(MD).No.20698 of 2017 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/