Subulakshmi, v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 25385 of 2018 Subulakshmi ...

Petitioner Vs.

The Joint Commissioner Executive Officer, Arulmighu Subramaniasamy Thirukkovil, Tirupparakundram, Madurai District.

...

Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order issued by the respondent in his proceedings in Na.Ka. No.1373/2018/E5 dated 13.12.2018 and quash the same and consequently direct the respondents to survey and measure the extents and fix the rent in accordance with law.

For Petitioner : No Appearance For Respondent : Mr.V.Chandrasekar 1/4

ORDER

This writ petition is filed challenging the impugned notice, dated 13.12.2018 and seeking consequential direction to the respondent to survey and measure the extent and fix the rent in accordance with law.

2. There is no appearance on the side of the petitioner. Heard Mr.V.Chandrasekar, the Learned counsel appearing for the respondent and perused the material documents available on record.

3. The Learned counsel appearing for the respondent submitted it is only a Notice under Section 106 of the HR & CE Act. But on perusal of the said alleged notice it is seen that the respondents have directed the petitioner to vacate the premises.

4. This Court is of the considered opinion that even an encroacher is entitled to show cause notice. Therefore the petitioner is directed to treat the alleged notice as show cause notice and the petitioner shall submit explanation to 2/4

the said show cause notice. The respondent shall also grant personal hearing to the petitioner. Thereafter the respondent shall consider in accordance to law and pass orders.

5. With these observations, this writ petition is disposed of. No Costs.

Index : Yes / No 28.08.2023 Internet : Yes NCC : Yes / No ksa To The Joint Commissioner Executive Officer, Arulmighu Subramaniasamy Thirukkovil, Tirupparakundram, Madurai District.

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S.SRIMATHY, J ksa Order made in W.P.(MD)No. 25385 of 2018 28.08.2023 4/4