C.Mariappan, v. The Commissioner Ofcorporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.8106 of 2017 and W.M.P(MD).No.6238 & 6239 of 2017 C.Marriappan ... Petitioner vs.

The Commissioner of Corporation, Madurai Corporation, Madurai District ... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the notice issued by the respondent in Na.Ka.No.A5/01263/2017, dated 20.02.2017 and quash the same as illegal and consequently forbear the respondent from interfering in the peaceful possession of the dwelling house situated at Plot No.61A, Re Survey No.294/2, Seerudhur and Kannanendal Panchayat, Madurai North Taluk, Madurai. For Petitioner : Mr.A.Anandhan For Respondent : Mr.N.Shanmugaselvam

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) Notice issued by the Corporation of Madurai, calling upon the petitioner to show cause as to why he should not be evicted from the property bearing Plot No.61 A,Re survey No.294/2, seerudhur and Kannanendal Panchayat, Madurai North Taluk, Madurai within the jurisdiction of Madurai Corporation is under challenge. 2.The respondent has not taken any decision to evict the petitioner. The question of eviction would arise only after considering the objection given by the petitioner to the statutory notice.

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3.The petitioner is given liberty to submit his reply to the show cause notice issued by the respondent dated 20 February 2017. The petitioner shall submit his reply within a period four weeks from today. The respondent is directed to consider the said reply and pass appropriate orders on merits and in accordance with law. The statusquo as on today shall be maintained till decision taken by the Commissioner, Madurai Corporation. 4.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To The Commissioner, Madurai Corporation, Madurai District +One cc to Mr.A.Anandhan, Advocate, SR.No.66741 Arul/skm RL/3C/2P/SKN/RSK/SAR1/27/7/2017 W.P(MD)No.8106 of 2017 and W.M.P(MD).No.6238 & 6239 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/