V. Seetha v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE and WMP(MD) No.24502 of 2024 V. Seetha ... Petitioner Vs
1. The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600009..
2. The District Collector, Kanniyakumari District, At Nagercoil..
3. The Divisional Engineer, O/o. the Divisional Engineer, National Highways, No. 70, Thiruvanandapuram Road, Near Palayamkottai Bus Stand, Tirunelveli..
4. The Divisional Engineer, O/o. the Divisional Engineer, National Highways, No.75, Raman Pillai Street, Old Employment Office Building, Nagercoil - 629001, Kanniyakumari.
1/6
5. The Project Director, National Highways Authority of India, Project Implementation Unit, Nagercoil, No. 314, E, K.P. Road, Near Ayappan Koil, Parvathipuram, Nagercoi.
6. The Tahsildar, Kalkulam Taluk, Thuckalay, Kanniyakumari District..
7. The Commissioner, Padmanabhapuram Municipality, Thuckalay, Kanniyakumari District..
... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 08.10.2024 passed in the proceedings in Na.Ka.No. 07/2024/TPI, by the 7th Respondent and to quash the same, as being illegal, arbitrary, unconstitutional. For Petitioner : Mr.G.Aravindan for M/s.Aran Legal Consultancy For Respondents : Mr.J.Ashok for R1, R2 and R6 Additional Government Pleader Mr.P.Karthick for R3 to R5 Mr.P.Athimoolapandian for R7 2/6
ORDER
(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. Challenge is made to the notice issued by the 7th respondent dated 08.10.2024.
3. When the notice issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act is in the nature of show cause notice, the petitioner is required to give his objections to the proposed eviction proceedings. Though 15 days time was extended to the petitioner to give his objections to the impugned order, it is brought to our notice that no such objections were raised.
4. The learned counsel for the petitioner made a sympathetic plea to grant further time to give their objections. 3/6
5. In consideration of the submission made, the petitioner is granted seven days time from the date of receipt of a copy of this order to give his reply to the show cause notice dated 08.10.2024 in Na.Ka.No. 07/2024/TPI.
6. In view of the aforesaid liberty, no interference is warranted to the impugned order. Accordingly, the writ petition stands closed. No costs. Consequently connected Miscellaneous Petition is closed. [M.S.R.,J] [A.D.M.C.,J] 03.12.2024 NCC : Yes/No Index : Yes/No Office to Note: Order copy on 05.12.2024 RR 4/6
To
1. The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600009..
2. The District Collector, Kanniyakumari District, At Nagercoil..
3. The Divisional Engineer, O/o. the Divisional Engineer, National Highways, No. 70, Thiruvanandapuram Road, Near Palayamkottai Bus Stand, Tirunelveli..
4. The Divisional Engineer, O/o. the Divisional Engineer, National Highways, No.75, Raman Pillai Street, Old Employment Office Building, Nagercoil - 629001, Kanniyakumari.
5. The Project Director, National Highways Authority of India, Project Implementation Unit, Nagercoil, No. 314, E, K.P. Road, Near Ayappan Koil, Parvathipuram, Nagercoi.
6. The Tahsildar, Kalkulam Taluk, Thuckalay, Kanniyakumari District..
5/6
M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.28914 of 2024 Date : 03/12/2024 6/6