High CourtsDivision Bench(2010) 09 MAD CK 0399

Rathinavelpandian Nadar vs The District Collector and The Commissioner Puliangudi Municipality

Madras High Court · Decided on 30 September 2010

HON’BLE JUDGES
S. Nagamuthu, J · P. Jyothimani, J
RESULT
Allowed
CASE NUMBER
Writ Petition (MD) No. 12330 of 2010 and M.P. (MD) No. 1 of 2010

AI Structured Summary

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Judgment

4 paragraphs · 178 words

P. Jyothimani, J.—Mr. V. Rajasekaran, learned Special Government Pleader takes notice for the Respondents.

2.

This Writ Petition is directed against the order of demolition passed by the second Respondent in Na. Ka. No. 1750/2010/F1 dated 18.08.2010.

3.

On the face of it, the impugned order passed by the second Respondent cannot be sustained for the simple reason that the order for removal has been passed abruptly even without giving any opportunity to the Petitioner. In such view of the matter, we are of the view that the impugned order is liable to be quashed, however, with liberty to the second Respondent to proceed with the matter in accordance with law.

4.

Therefore, this Writ Petition is allowed and the impugned order of the second Respondent dated 18.08.2010 is set aside with liberty to the second Respondent to give proper notice to the Petitioner as per law, if so advised, and proceed with the matter in accordance with law. However, there will be no order as to costs. Consequently, the connected M.P.(MD) No. 1 of 2010 is closed.