Asiya Begum vs The Member Secretary
2023 Latest Caselaw 3730 Mad

                                                                                W.P.( MD) No.7565 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 03.04.2023

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
                                                            AND
                             THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
                                             W.P. (MD) No.7565 of 2023
                                      and W.M.P. (MD) Nos.7049 and 7050 of 2023

                     Asiya Begum                                                 ... Petitioner

                                                             Vs.

                     1.The Member Secretary,
                       The Tuticorin Town and Country Planning Authority,
                       No.51, West Car Street,
                       Tuticorin.

                     2. The Commissioner,
                        Kayalpattinam Municipality,
                        Kayalpattinam,
                        Tuticorin.                                               ...Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorari, calling for the records
                     relating to the impugned order made by the 2nd respondent in NA.KA.No.
                     441/2020/F1 dated 28.03.2023 and quash the same as illegal.


                                          For Petitioner      : Mr.M.Mahaboob Athiff

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                              W.P.( MD) No.7565 of 2023


                                          For Respondents : Mr.V.Nirmal Kumar
                                                            Government Advocate

                                                         ORDER

(Order of the Court was made by R.SURESH KUMAR, J.)

The Writ Petition has been filed challenging the order passed by

the 2nd respondent in Na.Ka.No.441/2020/F1 dated 28.03.2023.

2. Heard Mr.M.Mahaboob Athiff, learned counsel for the

petitioner, who has complained that, there was no compliance within the

meaning of Sections 56 and 57 of the Tamil Nadu Town and Country

Planning Act, 1971.

3. Though in this regard Mr.V.Nirmal Kumar, learned

Government Advocate, who takes notice for the respondents has submitted

that on 25.02.2022 notice under the provisions of the Tamil Nadu District

Municipalities Act, 1920 had been issued, no specific notice invoking

Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act,

1971, has been issued.

https://www.mhc.tn.gov.in/judis W.P.( MD) No.7565 of 2023

4. In this context, the learned counsel for the petitioner relied

upon a Division Bench Judgment in the matter of A.Manickavel v. The

District Collector, Tuticorin District reported in 2017(1) CWC 288, where

the previous notice, since has been given under Section 56(1)(b) dispensing

with the minimum of 30 days notice of the said Act, has been dealt with.

5. In view of the above stated legal as well as factual position, this

Court feels that the order impugned would not stand in the legal scrutiny

and therefore, we are inclined to pass the following order:-

That the impugned order is set aside and the matter is remitted

back to the respondents for reconsideration. The first respondent shall give

notice by compling with Sections 56 and 57 of the Tamil Nadu Town and

Country Planning Act, 1971, i.e., 30 days notice and after getting the reply

from the petitioner within the said time further course of action in

accordance with law can be taken by the first respondent

https://www.mhc.tn.gov.in/judis W.P.( MD) No.7565 of 2023

6. With these directions, this Writ Petition is disposed of.

However, there shall be no order as to costs. Consequently, connected

Miscellaneous Petitions are closed.

                                                           (R.S.K., J.) & (K.K.R.K, J.)
                                                                    03.04.2023
                     NCC      : Yes / No
                     Index : Yes / No
                     Internet : Yes / No
                     SJ

                     To

                     1.The Member Secretary,

The Tuticorin Town and Country Planning Authority, No.51, West Car Street, Tuticorin.

2. The Commissioner, Kayalpattinam Municipality, Kayalpattinam, Tuticorin.

https://www.mhc.tn.gov.in/judis W.P.( MD) No.7565 of 2023

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

SJ

W.P. (MD) No.7565 of 2023

03.04.2023

https://www.mhc.tn.gov.in/judis