Jeyanthi .B v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.15919 of 2023 B.Jeyanthi ... Petitioner Vs.

1.The Commissioner, Tiruchirappalli City Corporation, Tiruchirappalli.

2.The Assistant Commissioner, Ward Zone-3, Tiruchirappalli City Corporation, Tiruchirappalli.

3.Dhayanithi 4.The Executive Engineer, Highways Department, Tiruchirappalli Division, Tiruchirappalli.

5.P.Srinivasan 6.S.Raghunathan

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice in Na.Ka.No.F1/1472/2022/M-III, dated 28.07.2023 issued by the 2nd respondent and to quash the same as illegal, arbitrary and out of jurisdiction. For Petitioner : No Appearance For R1 & R2 : Mr.K.R.Kishore Ram, for M/s.R.B.Law Associates For R4 : Mr.M.Sarangan, Additional Government Pleader For R6 : Mr.N.Balasubramanian

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) When the matter was taken up for hearing on 24.06.2025, none appeared for the petitioner. Thus, Registry was directed to list the matter under the caption 'for dismissal' on 26.06.2025. Therefore, the matter is listed today (26.06.2025). Today also, when the matter is called, none appeared for the petitioner. Thus, this Court has no other option except to consider the case on merits. 2.This Writ Petition has been instituted, challenging the notice dated 28.07.2023 issued by the Trichy Corporation. The impugned notice is relating to 2/4

removal of the encroachment. No Writ against such notice is entertainable. Noticee on receipt of any notice for removal of the encroachment is at liberty to submit explanation along with documents if any. In the present case, the impugned notice has been issued on 28.07.2023 and therefore, the present Writ Petition has no merits for consideration. The respondent concerned shall proceed with the enforcement action, if not already concluded. 3.With this clarification, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 26.06.2025 NCC : Yes / No Index : Yes / No Yuva To The Executive Engineer, Highways Department, Tiruchirappalli Division, Tiruchirappalli.

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S.M.SUBRAMANIAM, J.

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

Yuva 26.06.2025 4/4