The petitioner sought a writ of mandamus to prevent land evicting without notice. The respondent Corporation assured notice prior to eviction. Finding no apprehension of violation, the court disposed of the writ, noting no further adjudication is needed.
No substantive relief; writ disposed of as Corporation assured notice prior to eviction.
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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.10709 of 2014 and
M.P.(MD)No.1 of 2014
K.Manikandan
.. Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 and 2 herein and their men from in any way dispossessing the petitioner except by due process of law in respect of the property at No.70, Bharathiyar Street, R.S.No.72/2, Ward No.89, Bharathiyar Road, Avaniyapuram, Madurai.
For Petitioner : Mr.C.Sundaravadivel
For RR 1 & 2 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.
ORDER
[Order of the Court was made by K.K.SASIDHARAN, J. ]
The petitioner filed this writ petition to direct the respondents 1 and 2 not to evict him from the land in R.S.No.72/2 at Avaniyapuram, Madurai, without following due process of law.
2.The petitioner is stated to be in possession of the land in question. The writ petition was filed with an apprehension that without issuing notice to the petitioner, eviction would be done by the Corporation.
3.The learned standing counsel for the Madurai Corporation, https://hcservices.ecourts.gov.in/hcservices/ on instructions, submitted that notice would be issued to the petitioner before passing orders for eviction.
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4.Since the Corporation has made it clear that before passing orders, notice would be issued to the petitioner, there is no further adjudication in the matter.
5.The Writ Petition is disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
+1cc to Mr.T.S.Mohammed Mohideen,Advocate in Sr.No.67590 ps/km
JS/SKN.RSK/SAR.3/4.8.2017/2P-2C
W.P.(MD)No.10709 of 2014 25.07.2017
1 issue framed by the court
Whether notice must be issued before eviction to prevent eviction without due process of law.
1 provisions across 1 enactments
K. Manikandan
The Commissioner, Corporation of Madurai
The Assistant Commissioner, Corporation of Madurai
Boomi Balan
K.K. Sasidharan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
