K.Devaki, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.9501 of 2013 and M.P.(MD)No.1 of 2013 K.Devaki : Petitioner Vs.

1. The Commissioner, Trichy City Corporation, Trichy.

2. The Assistant Commissioner, Ariyamangalam Division, Trichy City Corporation, Trichy.

: Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice in Na.Ka.No.F1/1295/2013/F1/Ariya, dated 30.05.2013 on the file of the second respondent and quash the same as illegal. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.N.S.Karthikeyan, Standing Counsel for Corporation

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner questions the order dated 30.05.2013 issued by the second respondent, directing the writ petitioner to remove the encroachment in question.

2. It is seen that the impugned order dated 30.05.2013 was not preceded by any prior notice. Therefore, on that ground, the impugned order dated 30.05.2013 is quashed and the matter is remitted to the file of the second respondent to proceed afresh in accordance with law.

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3. The Writ Petition is allowed as indicated above. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Trichy City Corporation, Trichy.

2. The Assistant Commissioner, Ariyamangalam Division, Trichy City Corporation, Trichy.

SML TE/MR-KKR/SAR-I : 01/08/2017 : 2P/3C Order made in W.P.[MD].No.9501 of 2013 and M.P.(MD)No.1 of 2013 Dated: 24.07.2017 (2/2) https://hcservices.ecourts.gov.in/hcservices/