P.Anand Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

P.Anand Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief on merits; writ petition disposed of with procedural directions (representation/reply to impugned notice by 16.01.2025; Commissioner to pass fresh orders on own merits per proviso to Section 128(1)(b) TNULB Act; all questions left open). W.M.P.No.26686 of 2024 closed; no order as to costs.

Issue for consideration

Whether the impugned order Na.Ka.No.2024/H1 (N) dated 09.08.2024 passed by the 2nd respondent should be quashed and the respondents restrained from interfering with the petitioners' peaceful possession and enjoyment of the property 'Coffee Break' in SF Nos.341 and 342, Sowripalayam Village, Ward No.28, North Zone, Coimbatore Corporation. +1 more

Court's answer

Direction (a): the writ petitioner shall send a representation/reply in response to the impugned notice within seven (7) days, i.e., on or before 16.01.2025.

Ratio / Principle

Direction (b): after receiving the representation from the writ petitioner, the Commissioner shall pass orders on own merits and in accordance with law, in tune with the proviso to Section 128(1)(b) of the TNULB Act.

Key takeaways

Direction (c): the Court made it clear that it is not expressing any view or opinion on the merits of the matter.ratio¶53
Direction (d): the writ petitioner is at liberty to submit all his defence in the response by way of representation; in other words, all questions are left open.ratio¶56
Direction (e): if the writ petitioner does not send a representation within seven (7) days, it will be open to the respondents to proceed further in accordance with law.ratio

Detailed headnote1 paragraphs

Madras High Court (M.Sundar and K.Rajasekar, JJ.) disposed of W.P.No.24407 of 2024, filed under Article 226 of the Constitution seeking a writ of certiorarified mandamus to quash the order bearing reference Na.Ka.No.2024/H1 (N) dated 09.08.2024 passed by the 2nd respondent (Commissioner, Coimbatore Corporation) and to restrain interference with the petitioners' possession of the premises 'Coffee Break' in SF Nos.341 and 342, Sowripalayam Village, Ward No.28, North Zone, Coimbatore. All counsel jointly submitted that the matter was directly and squarely covered by an order dated 26.11.2024 in W.P.No.34695 of 2024, a scanned reproduction of which was placed before the Court. In the light of that position, the Court, without expressing any view or opinion on the merits, directed (a) the writ petitioner to send a representation/reply to the impugned notice within seven days, on or before 16.01.2025; (b) the Commissioner, on receiving the representation, to pass orders on own merits and in accordance with law, in tune with the proviso to Section 128(1)(b) of the TNULB Act; (c) expressly recorded that no view was expressed on merits; (d) left all questions open, permitting the petitioner to submit his full defence; and (e) permitted the respondents to proceed in accordance with law if no representation was filed within seven days. Writ petition disposed of accordingly; connected W.M.P.No.26686 of 2024 closed; no order as to costs.