Valluvar Hotels v. The Assistant Divisional Engineer Highways Department Karur & Another
2005-06-30
A.KULASEKARAN
body2005
DigiLaw.ai
Judgment :- (Petition under Article 226 of The Constitution of India praying for a Writ of Certiorari as stated therein.) This writ petition came up today for admission and I heard the learned counsel for the petitioner, learned Government Advocate for first respondent and the learned Standing counsel for second respondent. 2. The petitioner has come forward with this writ petition praying for a Writ of Certiorari to call for the records relating to the order dated 31-05-2005 in File NO.164/2005/A2 received on 05-06-2005 issued regarding S.No.2744, Block 51, Survey Ward No.1 on the file of the first respondent herein and quash the same. 3. The case of the petitioner is that the first respondent herein has surprisedly issued the impugned notice thereby directed the petitioner to remove the alleged encroachments within fifteen days, which is challenged in this writ petition. According to the petitioner, prior to the impugned notice, they have not received any other notice from the first respondent. 4. The learned counsel for the petitioner submits that the building, which is sought to be demolished by the first respondent was constructed after obtaining necessary approval from the first respondent/Municipality, besides, the impugned order has been passed by the first respondent without affording an opportunity to the petitioner and hence prayed to quash the same. 5. The learned Government Advocate appearing for the first respondent submits that the impugned notice was issued by the first respondent pursuant to the directions issued by this Court in a batch of writ petitions and prayed for dismissal of the writ petition. 6. I have also heard the learned Standing counsel appearing for the second respondent. 7. Considering the facts and circumstance of the case, I permit the petitioner to submit his reply to the impugned show cause notice within a period of fifteen days from today and on receipt of the same, the first respondent shall consider it and pass orders on merits and in accordance with law within a period of eight weeks thereafter. In the meantime, the respondents are directed not to take any coercive action to evict the petitioner. 8. With the above direction, this writ petition is disposed of. No costs. Consequently, connected WPMP is closed.