Madras High Court
D.Sundarapandian vs The District Collector on 19 June, 2023
W.A(MD)Nos.865 and 866 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)Nos.865 and 866 of 2023
and
C.M.P(MD)Nos.6984 and 6986 of 2023
D.Sundarapandian
G.K.Kowsalya
... Appellant/1st respondent/Petitioner/Petitioner ((In both W.As)
-vs-
1.The District Collector,
Theni District, Theni.
... 1st respondent/2nd respondent/1st respondent/
1st respondent(In both W.As)
2.The Corporation Commissioner,
Theni Municipality,
Theni District, Theni.
3.The Commissioner,
Allinagaram Municipality,
Theni District, Theni.
... Respondents 2 & 3/Petitioners/Respondents2 &
3/
Respondents 2 & 3(In both W.As)
PRAYER in W.A(MD)No.865 of 2023: Appeal filed under Clause 15 of
Letters Patent, against the order passed in W.M.P(MD)No.1396 of 2023
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W.A(MD)Nos.865 and 866 of 2023
in W.M.P(MD)No.22818 of 2022 in W.P(MD)No.28852 of 2022, dated
14.06.2023.
PRAYER in W.A(MD)No.866 of 2023: Appeal filed under Clause 15 of
Letters Patent, against the order passed in W.M.P(MD)No.1390 of 2023
in W.M.P(MD)No.22826 of 2022 in W.P(MD)No.28855 of 2022, dated
14.06.2023.
(In both W.As)
For Appellant : Mr.G.Prabhu Rajadurai for
Mr.C.Susikumar
For R-1 & R-2 : Mr.A.Baskaran,
Additional Government Pleader
For R-3 : Mr.G.Kaleeswaran
COMMON JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Being aggrieved by the orders of the Writ Court dated 14.06.2023
made in W.M.P(MD)No.1396 of 2023 in W.M.P(MD)No.22818 of 2022 in
W.P(MD)No.28852 of 2022 and in W.M.P(MD)No.1390 of 2023 in
W.M.P(MD)No.22826 of 2022 in W.P(MD)No.28855 of 2022 respectively,
the appellants/writ petitioners have filed these writ appeals.
2. The writ petitions were filed challenging the proceedings dated
19.12.2022, particularly, the resolution No.56 contained therein.
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W.A(MD)Nos.865 and 866 of 2023
Though the Writ Court had initially stayed the further proceedings,
pursuant to the proceedings, dated 19.12.2022, it had subsequently
vacated the order on the ground that the learned counsel for the
petitioners who obtained stay was not ready. Hence, these writ appeals.
3. When these writ appeals were taken up, it came to light that
the proceedings, dated 19.12.2022, is only an invitation for a meeting of
the Municipal Council on 23.12.2022. What was challenged was only an
invitation and not a resolution. The fact that the resolution contained
the recommendation of the Commissioner, probably, had mislead the
writ petitioners to approach this Court.
4. The learned counsel for the municipality would however submit
that since there was an interim stay, they have not proceeded further
and the entire issue has been deferred. Even if a resolution has been
passed by the Municipal Council, the municipality will have to take
steps under law for eviction. It has to necessarily comply with principles
of natural justice.
5. We, therefore, dispose of the writ appeals with the direction to
the municipality to strictly follow the provisions of the District
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W.A(MD)Nos.865 and 866 of 2023
Municipalities Act, 1920 and abide by the principles of natural justice
while taking proceedings for evicting the writ petitioners. No Costs.
Consequently, connected Miscellaneous Petitions are closed.
[R.S.M., J.] [L.V.G., J.]
19.06.2023
NCC :Yes/No
Index :Yes/No
PM
To:
1.The District Collector,
Theni District, Theni.
2.The Corporation Commissioner,
Theni Municipality,
Theni District, Theni.
3.The Commissioner,
Allinagaram Municipality,
Theni District, Theni.
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W.A(MD)Nos.865 and 866 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
pm
W.A(MD)Nos.865 and 866 of 2023
19.06.2023
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https://www.mhc.tn.gov.in/judis
