Velu, S/O Muthiah v. the Department of Municipal
Case brief
What is this about?
The High Court, applying a previous judgment, treated an eviction-related notice as a Show Cause Notice, directed the authority to consider the petitioner's response with a personal hearing, and ordered suspension of eviction and drainage disconnection pending the final decision.
What did the court decide?
Petitioner permitted to submit response within three weeks; respondent directed to consider on merits with personal hearing within six weeks; possession not to be disturbed; drainage connection not to
What the court decided
W.P.(MD) No.24368 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
W.P.(MD) No.24368 of 2018 and W.M.P.(MD) Nos.22047 and 22048 of 2018
Velu ... Petitioner
-vs-
1.The Department of Municipal Administration and Water Supply, Represented by its Principal Secretary, Fort St. George, Chennai – 09. 2.The District Collector, Madurai District, Madurai – 625 020. 3.The Public Works Department, Represented by its Executive Engineer, Irrigation Section No.II, Periyar Vaigai Basin Sub Division No.I, Madurai – 625 002. 4.The Tamil Nadu Slum Clearance Board, Represented by its Superintending Engineer, 169, K.K.Nagar Main Road, Opp. Jawahar Hospital, Madurai – 625 020.
5.The Assistant Engineer, The Public Works Department, Irrigation Section No.II, Periyar Vaigai Basin Sub Division No.I, Madurai – 625 002. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Notice dated 28.11.2018 on the file of the Respondent No.5 and quash the same as illegal and consequently forbear the respondents from evicting the petitioner in https://hcservices.ecourts.gov.in/hcservices/ Plot No.50, Survey No.23/24, Bibikulam Part – I, Old No.4, New
Issues for consideration
1 issue framed by the court
Whether the impugned notice issued to the petitioner regarding land and superstructure should be treated as a Show Cause Notice.
Parties & counsel
- petitioner
Velu
- respondent
Department of Municipal Administration and Water Supply
- respondent
District Collector, Madurai District
- respondent
Public Works Department
- respondent
Tamil Nadu Slum Clearance Board
- respondent
Case details
As recorded by the court registry
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