Arulmighu Poovanathasamy Thirukoil v. The Kovilpatti Municipality

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD)Nos.16201, 16206, 16210, 16213, 16215 and 16216 of 2020 and W.M.P(MD) Nos.13552, 13553, 13555, 13556, 13557, 13556 and 13559 of 2020 Arulmighu Poovanathasamy Thirukoil through its Executive Officer, Kovilpatti, Tuticorin District.

... Petitioner (in all petitions) Vs.

The Kovilpatti Municipality Rep through its Commissioner Kovilpatti.

... Respondent (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 pertaining to the impugned proceedings in Na.Ka.No.415/2020/F1, dated 02.11.2020 issued by the respondent Municipality in respect of shop situated at Survey Ward C, Block No.20, T.S.No.337Pt, Door Nos.769, 768, 771, 741, 717, 739, Main Road, Kovilpatti and quash the same.

For Petitioner : Mr.V.R.Shanmuganathan For Respondent : Mr.P.Srinivas Standing Counsel (in all petitions) COMMON ORDER Challenging the impugned order passed by the respondent in Na.Ka.No.415/2020/F1, dated 02.11.2020, the petitioner is before this Court.

2. It is informed by the learned counsel for the petitioner 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 petitioner 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 cp

P.T.ASHA, J.

cp W.P.(MD)Nos.16201, 16206, 16210, 16213, 16215 and 16216 of 2020 Dated: 14.03.2023