Madras High CourtWP(MD)/15913/2020dismissed as infructuous

K.Balakrishnan v. The Commissioner

2023-03-14Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD)Nos.15913, 15918, 15913, 15919, 15920, 15922 and 15923 of 2020 and W.M.P(MD) Nos.113307, 1330813316, 13312, 13314, 13318, 13313,13315, 13317, 13319, 13320 and 13321 of 2020 K.Balakrishnan ... Petitioner in W.P(MD) No.15913 of 2020 K.Jeyaraj ... Petitioner in W.P(MD) No.15918 of 2020 P.Palanisamy ... Petitioner in W.P(MD) No.15918 of 2020 P.Madasamy ... Petitioner in W.P(MD) No.15920 of 2020 J.Michal ... Petitioner in W.P(MD) No.15922 of 2020 K.Paulraj ... Petitioner in W.P(MD) No.15923 of 2020 Vs.

1.The Commissioner, Kovilpatti Municipality, Tuticorin District.

2.The Executive Officer, Shri Arulmigu Poovananatha Swamy Thirukovil, Kovilpatti Town, Tuticorin District.

3.Mr.Rajaram The Commissioner, Kovilpatti Municipality, Tuticorin District.

... Respondents (in all petitions) Common Prayer :- Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the records relating to the impugned order of the first respondent in Na.Ka.No. 415/2020/F1, dated 02.11.2020 and quash the same as illegal. For Petitioner : M/s.A.Jasima Yasmin for M/s.Ajmal Associates For R1 : Mr.P.Srinivas Standing Counsel For R2 : Mr.V.R.Shanmuganathan for M/S.A.L.Kannan (in all petitions) COMMON ORDER Challenging the impugned order passed by the first respondent in Na.Ka.No.415/2020/F1, dated 02.11.2020, the petitioners are before this Court.

2. It is informed by the learned counsel for the petitioners that in similar issues, a Hon'ble Division Bench of this Court by its order dated 18.10.2022, in a batch of writ petitions in W.P(MD) Nos. 5970 of 2020 etc., has passed the following orders:- "2. The Impugned notice are enquiry notices directing the petitioners to appear for enquiry on 17.03.2020 to offer their explanation regarding of encroachment as stated therein. Record of proceedings shows that no interim order has been passed by this Court. Thus, we do not propose to issue any positive direction at this juncture due to efflux of time.

3. Therefore, the Writ Petitions are disposed of by giving liberty to the petitioners to approach the authority concerned, if their grievance still exists. No costs. Consequently, connected miscellaneous petitions are closed."

3. In the light of the above orders, these Writ Petitions are also

disposed of by giving liberty to the petitioners to approach the authority concerned, if their grievance still exists. No costs. Consequently, connected miscellaneous petitions are closed. 14.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes

P.T.ASHA, J.

cp W.P.(MD)Nos.15913, 15918, 15913, 15919, 15920, 15922 and 15923 of 2020 Dated: 14.03.2023