Vellaisamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE & W.M.P.(MD) Nos.14850 & 14851 of 2025 Vellaisamy ... Petitioner Vs.

The Commissioner Trichy Corporation, Trichy.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of certiorarified mandamus calling for the records in pertaining to the impugned notice of the Respondent vide proceedings in Na.Ka.No.F/2292/2025 (Ma.IV) dated 16.06.2025 and quash the same as illegal and directing the Respondent not to evict the petitioner in old Survey Number 234/7B New Survey number. 156/3 for an extent of 5 cents situated at Indhira Nagar Edamalaipatti Puthur Pirattiyur East Village, Trichy Taluk and Trichy District without following any due process of law and consider petitioner's objections dated 02.01.2025 and 20.01.2025. 1/4

For Petitioner :

Mr.T.Vadivelan For Respondent :

Mr.K.R.Kishore Ram for M/s.R.B.Law Associates

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act vide proceeding dated 16.06.2025 is under challenge in the present writ proceedings.

2.The notice was issued for removal of encroachment would provide no cause for institution of writ proceedings. However, the petitioner is entitled for opportunity to defend his case. Thus, the impugned notice dated 16.06.2025 shall be treated as a notice for providing opportunity to the petitioner.

3.The petitioner is at liberty to submit his explanation along with the documents, if any, within a period of ten days from the date of receipt of a copy of this order. On receipt of any such representation, the official respondents shall take a decision and thereafter, remove the 2/4

encroachments by following the procedures, within a period of twelve weeks from the date of receipt of the representation. 4.With the above direction, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

[S.M.S., J.] [A.D.M.C., J.] 16.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To The Commissioner Trichy Corporation, Trichy.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR & W.M.P.(MD) Nos.14850 & 14851 of 2025 16.07.2025 4/4