Madras High Court
Thindal Aitreya Enclave House vs The Commissioner on 1 August, 2023
1/6 W.P.No.19231/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 01-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.19231 of 2018
Thindal Aitreya Enclave House
Owners Welfare Association ... Petitioner
-vs-
1.The Commissioner,
Corporation of Erode,
Erode.
2.The Deputy Director of Town and Country Planning,
Salem Region,
No.6, Sannathi Street,
Subramani Nagar,
Salem – 636 005.
3.Shanthi
4.Sakthi Saravanan
5.Palanisamy
6.Deepa Velmurugan ... Respondents
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Petition under Article 226 of the Constitution of India, praying for issuance
of a writ of certiorarified mandamus to call for the records of the first respondent in
Na.Ka.No.E2/2184/2018, dated 28.06.2018, quash the same and consequently direct the
respondents 1 and 2 to take action by considering the petitioner's representation, dated
11.06.2018.
For Petitioner : Mr.A.Sundaravadhanan
For Respondent 1 : Mr.M.Raja Mathivanan
For Respondent 2 : Mr.J.Ravindran,
Addl.Advocate General,
assisted by Mr.A.Selvendran,
Spl. Govt.Pleader.
For Respondent 3 to 5 : Mr.N.Manokaran
ORDER
(By S.Vaidyanathan,J.)
This Writ Petition has been preferred, challenging the order, dated
28.06.2018, passed by first respondent, wherein the petitioner was informed by the
respondent Corporation that pursuant to the judgment and decree, dated 28.02.2014,
passed in O.S.No.568 of 2010, on the file of First Additional District Munsif Court,
Erode, as affirmed by the appellate Court, namely, First Additional Subordinate Court,
Erode, in A.S.No.76 of 2014 by its judgment and decree, dated 23.04.2015, the road and
the park belonged to the Corporation and that the encroachment made by the petitioner
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3/6 W.P.No.19231/2018
association with iron gates was obstructing the transport and hence the same was to be
removed.
2. Aggrieved over the said order, the petitioner association has come
forward with this Writ Petition, stating that they have given a representation, dated
11.06.2018, to second respondent, which needs to be considered.
3. By means of a judgment and decree of a proper Civil Court, the place,
which is in dispute, has attained finality and it devolved upon the Corporation and that
the petitioner has no right to claim the same. Respondents 3 to 6 have been deprived of
the access to the road by the petitioner association.
4. From the affidavit, it is also very clear that the petitioner association has
not stated about the judgment and decree of the Civil Court, as affirmed by the
Appellate Court. This is a clear suppression of fact, for which the petitioner association
has to pay costs. In other words, even though the impugned order clearly spelt out about
the judgment and decree in O.S.No.568 of 2010 on the file of First Additional District
Munsif Court, Erode, as affirmed by the judgment and decree in A.S.No.76 of 2014 on
the file First Additional Subordinate Court, Erode, the said fact has been suppressed by
the petitioner association, as stated supra.
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5. Therefore, this Writ Petition is dismissed with costs of Rs.50,000/-, to be
payable by the petitioner, out of which Rs.25,000/- shall be payable to Goshala, namely,
Sri Vittal Rukmini Samsthan, Dakshina Pandaripuram, Govindapuram, Kumbakonam -
612 101, (Contact Person: Mr.K.Krishnamurthy, Mobile No.8825893004), by way of
Cheque/DD/RTGS/NEFT/Bank Transfer (SBI A/c.No.39998936148;
IFSC:SBIN0000691); and the balance of Rs.25,000/- to Sudaroli Social Service Trust,
Mettur Dam, Salem District, (Mobile Nos.9443094917 and 9543306307), within a
period of three months. Consequently, the connected W.M.P.No.22623 of 2018 is
closed.
6. Post the matter after three months for reporting compliance.
Index : Yes/No (S.V.N.,J.) (K.R.S.,J.)
Internet : Yes/No 01-08-2023
dixit
To
1.The Commissioner,
Corporation of Erode,
Erode.
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5/6 W.P.No.19231/2018
2.The Deputy Director of Town and Country Planning,
Salem Region,
No.6, Sannathi Street,
Subramani Nagar,
Salem – 636 005.
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6/6 W.P.No.19231/2018
S.VAIDYANATHAN,J.
AND
K.RAJASEKAR,J.
dixit
W.P.No.19231 of 2018
01-08-2023
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