Madras High Court
P.Dharmarajan vs The Government Of Tamil Nadu on 27 July, 2017
Bench: K.K.Sasidharan, G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13746 of 2017 and W.M.P.(MD).No.10730 of 2017 P.Dharmarajan : Petitioner Vs. 1.The Government of Tamil Nadu, Represented by its Secretary, Local Administration, Chennai. 2.The District Collector, Nagercoil, Kanyakumari District. 3.The Revenue Divisional Officer, Nagercoil, Kanyakumari District. 4.The Tahsildar, Nagercoil, Kanyakumari District. 5.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the entire records relating the impugned notice dated 18.07.2017, under reference in Na.Ka.No.18623/2015/F1, issued by the fifth respondent with respect to the land in Sy.No.D5/11, Anantha Samudhram Village, Nagercoil and quash the same. !For Petitioner : Mrs.N.KrishnaVeni Senior Counsel For Mr.P.Thiagarajan For Respondents 1 to 4 : Mr.T.s.Mohamad Mohideen Additional Government Pleader For Respondent No.5 : Mr.A.Adimoola Pandian :ORDER
[Order of the Court was made by G.R.SWAMINATHAN, J.] The notice dated 18.07.2017 in Na.Ka.No.18623/2015/F1, issued by the fifth respondent has been questioned in this writ petition.
2.When the writ petition was taken up for final disposal, it was fairly admitted by the learned counsel appearing for the fifth respondent that the subject property does not vest with the Municipality. Therefore, the fifth respondent did not have the jurisdiction to issue the impugned notice. On the ground of want of jurisdiction, the impugned notice dated 18.07.2017, issued by the fifth respondent is quashed. It is however made clear that it is open to the jurisdictional authority to take action in accordance with law.
3.The Writ Petition is allowed as indicated above. No costs. Consequently, the connected miscellaneous petition is closed.
To
1.The Government of Tamil Nadu, Represented by its Secretary, Local Administration, Chennai.
2.The District Collector, Nagercoil, Kanyakumari District.
3.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.
4.The Tahsildar, Nagercoil, Kanyakumari District.
5.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.
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