Madras High CourtWP(MD)/20709/2021disposed of

Hairunnisha Beevi v. The Commissioner

2024-12-20Honourable The Chief Justice,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/12/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE Mrs. JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.17316 to 17318 of 2021 Hairunnisha Beevi ... Petitioner in W.P.(MD)No.20709/21 P.Karthik ... Petitioner in W.P.(MD)No.20710/21 Mujibur Rahuman ... Petitioner in W.P.(MD)No.20711/21 Vs The Commissioner, Tuticorin Corporation, Tuticorin ... Respondent in all Writ Petitions PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for records relating to the impugned order made by the Respondent in Na.Ka.No. 3281/2019/C5 dated 13.10.2021 and quash the same as illegal. For Petitioner : Mr. M.Mahaboob Athiff For Respondent : Mr.N.Anandhakumar Standing Counsel 1/4

COMMON ORDER (Common Order of the Court was made by the Hon'ble the Chief Justice) Counsel for respondent states petitioners are justified in raising a grievance that the eviction notices impugned in these petitions have been issued without following due process of law and principles of natural justice.

2.Counsel for respondent states that liberty be given to issue fresh notices and follow due process.

3.Therefore, impugned eviction notices dated 13th October, 2021, are hereby quashed and set aside. Respondent to issue fresh notices within three weeks. Petitioners may respond to the same within two weeks. Thereafter, reasoned orders shall be passed by the respondent dealing with all submissions of petitioners. Before passing any order, personal hearing shall be given, notices whereof shall be communicated atleast three working days in advance.

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4.We clarify we have not made any observation on the merits of the matter.

5.Petitions are disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. (K.R.SHRIRAM, C.J.) (L.VICORIA GOWRI, J.) 20.12.2024 NCC : Yes/No Index : Yes/No MR To The Commissioner, Tuticorin Corporation, Tuticorin 3/4

THE HON'BLE CHIEF JUSTICE AND L.VICTORIA GOWRI, J.

ORDER

IN WP(MD) Nos.20709 to 20711 of 2021 Date : 20/12/2024 4/4