Madras High CourtWP(MD)/11169/2018disposed of

R. Pitchai, v. The Commissioner,

2025-09-17Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025

CORAM:

THE HONOURABLE Ms.JUSTICE P.T.ASHA W.P.(MD) No.11169 of 2018 W.M.P(MD).No.10210 of 2018 R.Pitchai ... Petitioner -vsThe Commissioner, Virudhunagar Municipality, Virudhunagar.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondent from dispossessing the petitioner from the dwelling house bearing New No.78, Old No.11, LIG Colony, Virudhunagar without following the due process of law. For Petitioner :

Mr.S.Karthikeyan For Respondent :

Mr.M.Muthugeethayan

ORDER

This writ petition has been filed to forbear the respondent from dispossessing the petitioner from the dwelling house bearing New No.78, Old No.11, LIG Colony, Virudhunagar without following the due process of law.

2. The learned counsel for the petitioner would submit that without prior notice, the respondent has passed the eviction order vide Na.Ka.No. 1506/1994/A1 dated 08.05.2018, which violates the principle of natural justice.

3. Considering the fact that the petitioner was not issued any show cause notice as contemplated under the Public Premises (Eviction of unauthorised Occupant) Act, 1971, this Writ Petition is allowed directing the petitioner to give explanation/objection to the order dated 08.05.2018 treating the same as show cause notice, within three weeks from the date of receipt of a copy of this order. The respondent shall thereafter proceed as per law, after giving opportunity of hearing to the petitioner. Till then,

the respondent should not dispossess the petitioner. No costs. Consequently, connected Miscellaneous Petition is closed. 17.09.2025 NCC : Yes/No Index : Yes/No Rmk To The Commissioner, Virudhunagar Municipality, Virudhunagar.

P.T.ASHA, J.

Rmk W.P.(MD) No.11169 of 2018 17.09.2025