M.Ronald v. The Commissioner Of Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.12541 of 2025 M.Ronald ... Petitioner Vs
1. The Commissioner of Corporation, Thoothukudi Corporation, Thoothukudi.
2. The Taluk Surveyor, Thoothukudi Taluk, Thoothukudi.
3. The Tahsildar, Thoothukudi Taluk, Thoothukudi District.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the impugned notice dated 03.06.2025 passed in Na.Ka.No. 003/ki.ma/F1 on the file of the 1st Respondent and quash the same. For Petitioner :
Mr.G.Prabhu Rajadurai for Mr.K.Chengizkhan, For Respondent :
Mr.N.Anandakumar (R1) Standing Counsel :
Mr.M.Sarangan (R2 & R3) Additional Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The notice issued under Section 128 of Tamil Nadu Local Bodies Act in proceedings dated 03.06.2025 is under challenge in the present writ proceedings.
2.The respondent/Thoothukudi Corporation identified the unauthorised constructions and issued notice in the month of April 2024 itself.
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3.However, the learned Counsel for the petitioner would submit that the petitioner had not received the said notice. Thus, he had no occasion to submit his explanation. A final notice has been issued under Section 128 of Tamil Nadu Local Bodies Act in proceedings dated 03.06.2025. Since the petitioner has not received the notice, it was affixed in his door. The only contention of the petitioner is that the rules of natural justice have not been complied with and therefore, he may be provided with an opportunity to defend his case. 3.Thus, the impugned proceedings, dated 03.06.2025 shall be treated as notice for all purposes and the petitioner is at liberty to submit his explanations along with the documents, if any, to the Commissioner, Thoothukudi Corporation, within a period of ten days from today.
On receipt of any such representation, the Commissioner, Thoothukudi Corporation shall consider the same and thereafter, shall proceed with all enforcement actions against the unauthorised constructions, if any. The entire exercise is directed to be completed within a period of twelve weeks, from the date of receipt of a copy of this order.
4.With the above direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.] 19.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To
1. The Commissioner of Corporation, Thoothukudi Corporation, Thoothukudi.
2. The Taluk Surveyor, Thoothukudi Taluk, Thoothukudi.
3. The Tahsildar, Thoothukudi Taluk, Thoothukudi District.
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S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
LR 19.06.2025 5/5