The petitioner challenged a notice requiring them to vacate a property. The court found no infirmity in the notice as the petitioners claim of ownership was rejected by the respondent. The petition was dismissed.
Petition dismissed; connected miscellaneous petitions closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P. (MD) No. 28967 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.12.2022
C O R A M
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. (MD) No. 28967 of 2022 and W.M.P. (MD) Nos. 22939, 22941, 22942 of 2022
... Petitioners
Vs.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the constitution of India, 1/5
W.P. (MD) No. 28967 of 2022
to issue a Writ of Certiorari, calling for the impugned notice passed by the First Respondent vide Na.Ka.No.4933/1431/c3(4) dated 17.12.2022 and quash the same as illegal.
For Petitioners : Mr. B.Jameel Arasu For Respondent No.1 : Mr. M.Saravanan For Respondent No.2 : Mr. R.Baskaran Standing Counsel
ORDER
Heard Mr. B.Jameel Arasu, Learned Counsel for the Petitioners, Mr. M.Saravanan, Learned Counsel for the First Respondent and Mr. R.Baskaran, Learned Standing Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
W.P. (MD) No. 28967 of 2022
upon them to vacate and hand over possession of that property by 27.02.2022, which is challenged in this Writ Petition.
W.P. (MD) No. 28967 of 2022
Petitioners are not entitled to the relief claimed.
23.12.2022
pkn
Index : Yes/No
Note: Issue order copy by 30.01.2023.
To
4/5
W.P. (MD) No. 28967 of 2022
P.D.AUDIKESAVALU,J.
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W.P. (MD) No. 28967 of 2022
23.12.2022
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2 issues framed by the court
Whether the writ court can interfere with the notice issued requiring the petitioners to vacate and hand over possession of the property.
Whether there is any infirmity in the impugned notice warranting the exercise of discretionary powers under Article 226.
2 provisions across 2 enactments
Sivakumar and others
The Joint Commissioner Cum Executive Officer, Executive Officer, Aranganathaswamy Thirukkovil
The Commissioner, Municipality Corporation Trichy
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
