The Meenakshi Colour Chem Pvt Ltd, v. The Madurai Corporation,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.22616 22617 of 2024 The Meenakshi Colour Chem Pvt Ltd., rep. by its Managing Director, KR.Palaniappan ... Petitioner /vs./ 1.The Madurai Corporation, rep. by its Commissioner, Madurai.
2.The Assistant Commissioner, Zone -I (East), Madurai Corporation, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order No. Na.Ka.No.Z1/ B5/ 006994/2024 dated 15.10.2024 and consequent Lock and Seal order No.Nil dated 06.11.2024 passed by the 2nd respondent and quash the same as illegal, un-sustainable in law and against all 1/5
principles of natural justice and consequently direct the respondents to adhere the provisions strictly so far as the Assessment No.115/014/902630 in building bearing Door No.I-6/3, Industrial Estate Colony, Madurai and also to refrain them from threatening the residential tenants to vacate the residential portions. For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.K.Kannan Standing Counsel
ORDER
The petitioner has filed this writ petition for a Certiorarified Mandamus calling for the records relating to the impugned order No.Na.Ka.No.Z1/ B5/ 006994/2024 dated 15.10.2024 and the consequential order No.Nil dated 06.11.2024 passed by the second respondent, to quash the same and to refrain the respondents from threatening the residential tenants to vacate the residential portions.
2. When the matter was taken up for hearing, after perusing the provisions under Section 116-A of the Tamil Nadu Urban Local Bodies Act, 1998, this Court had expressed its displeasure in locking and sealing the premises, as the said provision does not envisage any such lock and seal. 2/5
3. Mr.K.K.Kannan, learned Standing Counsel, on instructions from the respondents, would submit that the lock and seal on the building would be removed by 06.00 pm., today
4. It is to be noted that the order dated 15.10.2024 impugned before this Court is also an appealable order under Section 100 of the said Act.
5. In view of the available appellate remedy, the petitioner is directed to approach the Appellate Authority as provided under Section 100 of the Tamil Nadu Urban Local Bodies Act, 1998, within the time limit as fixed.
6. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No 06.11.2024 Internet : Yes / No mm 3/5
Note :
Registry is directed to a) issue order copy on 07.11.2024 and b) Return the original impugned order to the petitioner after getting necessary acknowledgement from the learned counsel for the petitioner.
4/5
K.KUMARESH BABU, J.
mm 06.11.2024 5/5