Madras High Court
N.Malliga vs Sholingur Municipality on 5 March, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.7229 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.P.No.7229 of 2025
&
W.M.P.No.8049 of 2025 in W.P.No.7229 of 2025
N.Malliga
W/o.V.P.Nagarajan ... Petitioner
vs.
Sholingur Municipality
Rep. By its Commissioner
Sholingur
Vellore District ... Respondent
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records of
the respondent in their notice vide Na.Ka.No.2876/2024/F1 dated
19.02.2025 calling upon to remove the construction within 15 days from the
date of receipt of notice pertaining to the petitioner's property to an extent of
3 cents comprised in Survey No.645/2A, situated at No.109, Anadana
Chathiram Road, Sholingur – 631102, Vellore District, quash the same and
consequently forbear the respondent from in anyway interfering with the
petitioner's peaceful possession and enjoyment of the above said property
pending final determination of the petitioner's representation dated
21.02.2025.
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W.P.No.7229 of 2025
For Petitioner : Mr.D.S.Rajasekaran
For Respondent : Mr.T.K.Saravanan
Addl. Govt. Pleader
ORDER
[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] Captioned writ petition has been preferred by the petitioner assailing a notice dated 19.02.2025 in Na.Ka.No.2876/2024/F1 seeking a direction to forbear the respondent from taking any action against the writ petitioner pursuant to the above notice.
2. The contention of the writ petitioner is that she had purchased a portion of land in S.No.645/2A by virtue of a sale deed dated 08.06.2005 from one M.J.Sundararaj and she is in possession and enjoyment of the said land till date. While so, on 19.02.2025, the respondent issued a notice under Section 128(1)(b) of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity) to one Mr.Nagaraj, neighbour of the writ petitioner alleging encroachment in the said land. Further contention of the writ petitioner is that the Page Nos.2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 02:51:59 pm ) W.P.No.7229 of 2025 petitioner is having a legal right over the said property and therefore, the said notice issued by the respondent is liable to be set aside.
3. Issue notice to the respondent.
4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for the respondent.
5. The impugned notice was not issued to the writ petitioner and the same was issued only to one Mr.Nagaraj. On this short and solitary ground itself, we are not inclined to entertain this writ petition.
Resultantly, this writ petition fails and accordingly dismissed as devoid of merits. Consequently, the connected writ miscellaneous petition is closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.)
05.03.2025
Index : Yes/No
Neutral Citation : Yes/No
gpa/vsn
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W.P.No.7229 of 2025
To
Sholingur Municipality
Rep. By its Commissioner
Sholingur
Vellore District
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W.P.No.7229 of 2025
M.SUNDAR, J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
gpa/vsn
W.P.No.7229 of 2025
05.03.2025
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