Madras High CourtWP(MD)/19017/2016disposed of

Mrs.Lakshmi Priya Nagendran v. The Commissioner,

2016-11-04Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD)No.19017 of 2016 and W.M.P.(MD) No.13749 of 2016 Mrs.Lakshmi Priya Nagendran : Petitioner Vs.

1.The Commissioner, Kodaikanal Municipality, Kodaikanal.

2.The Executive Secretary, Kodaikanal Municipality, Kodaikanal Local Planning Authority.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, praying to call for the records in A.Ka.No.13/2016/F.1 Notice dated 14.09.2016 issued by the 1st respondent and the Notice dated 14.09.2016 in A.Ka.No.13/2016/F.1 issued by 2nd respondent and to quash the same.

For Petitioner : Mr.A.Arul doss For Respondents 1 & 2 : Mr.T.S.Mohamed Mohideen Additional Government Pleader

O R D E R

*********** [Order of the Court was made by M.V.MURALIDARAN, J.] Challenging the order passed in A.Ka.No.13/2016/F.1 Notice dated 14.09.2016, directing the petitioner to demolish the building in question within a period of seven days, the petitioner has filed this Writ Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. We have also perused the records carefully.

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3.The petitioner seeks quash of the proceedings mainly on the ground that without giving any notice the present order has been passed and if any is notice is given the petitioner will give suitable reply.

4.Considering the facts and circumstances of the case, this Court directs the petitioner to treat the impugned order as notice and give reply to the same within a period of 15 days from the date of receipt of a copy of this order. The authorities concerned are directed to consider the same and after giving sufficient opportunity to the petitioner pass final orders on the same within a period of four weeks thereafter.

5.Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Kodaikanal Municipality, Kodaikanal.

2.The Executive Secretary, Kodaikanal Municipality, Kodaikanal Local Planning Authority.

+1CC TO MR.A.ARUL DOSS, ADVOCATE SR.NO. 66444 +1CC TO M/S.T.S.MOHAMED MOHIDEEN, ADVOCATE SR.NO.65828 +1CC TO SPECIAL GOVT.PLEADER SR.NO. 66322 sj TE-SK-SKN-SAR.3/8.11.2016/2P:6C Order made in W.P.(MD)No.19017 of 2016 and W.M.P.(MD) No.13749 of 2016 Dated: 04.11.2016 https://hcservices.ecourts.gov.in/hcservices/