A. J. Mohamed Iqbal v. Chairman, Kallakurichi Municipality
2012-07-06
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. Heard Mr.H.Nazirudeen, learned counsel appearing for the petitioner and Ms.V.M.Velumani, learned Special Government Pleader appearing for the Respondents. 2. The grievance of the petitioner is that the Respondents are attempting to put up drainage in his property bearing Survey No.243/2, admeasuring to an extent of 1,199 Sq. ft. situated in Thirumugam Road, Kallakurichi, without following the procedure prescribed by law. Since the property was not acquired by the Respondents for any public purpose by issuance of any Notice, or by giving an opportunity of being heard the petitioner, the act of the Respondents is in violation of Article 300-A of the Constitution of India. 3. The second Respondent viz., the Commissioner of Kallakurichi Municipality and the third Respondent viz., the Engineer, Kallakurichi Municipality are present in the Court. The learned Special Government Pleader on instructions from the Respondents 2 and 3 submits that the drainage canal has already been constructed in the public road and that the road has been in use for for the public purpose for more than 15 years. The learned Special Government Pleader disputed the fact alleged by the petitioner that the property in question belongs to the him, by stating that major portion of the property in question has been sold by the petitioner to the third parties long before and that there is no justification for the petitioner to raise objection for the construction of drainage canal in the property in question. 4. At this point of time, the learned counsel for the petitioner pleads that the petitioner has necessary materials to substantiate his claim that the property in question belongs to him and liberty may be given to the petitioner to represent before the second Respondent and the second respondent may be directed to consider the said claim on merits and in accordance with law. 5. In such view of the matter, without going into the issue raised by the petitioner in the writ petition, the petitioner is at liberty to give a detailed representation along with documents to the second Respondent who shall consider the same on merits and in accordance with law within a period of two weeks from the date of receipt of copy of this order. 6. The writ petition is disposed of on the above terms. No costs. Consequently, M.P.No.1 of 2012 is closed.