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Madras High CourtWP(MD)/15423/2013allowed

S.Ponnammal, v. The Commissioner,

2017-07-25Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15423 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 S.Ponnammal .. Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai. .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, call for the entire records pertaining to the impugned notice in MANDALAM . 3/016/00013/13 dated 31.08.2013 issued by the respondent and quash the same as illegal.

For petitioner : Mr.C.M.Arumugam For Respondents : Mr.R.Murali Standing Counsel

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner questions the order dated 31.08.2013 issued by the respondent calling upon the writ petitioner to remove the encroachment in question.

2.It is admitted that this order was not preceded by any prior show cause notice.

3.On this ground, the impugned order is quashed. However, it is open to the respondent to proceed afresh after giving notice to the writ petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The writ petition is allowed as indicated above. No

costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar +1cc to Mr.C.M.ARUMUGAM Advocate in Sr.No.67696 +1cc to Mr.R.MURALI Advocate in Sr.No.67671 RJ2/VSG JS/SKN.RSK/SAR.3/4.8.2017/2P-3C ORDER MADE IN W.P(MD)No.15423 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/