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M. Jayajothi v. Commissioner - W.P. No.4636 of 2006  RD-TN 28 (3 January 2007)
In the High Court of Judicature at Madras
The Honourable Mr.Justice P.SATHASIVAM
The Honourable Mr.Justice N. PAUL VASANTHAKUMAR
Writ Petition No.4636 of 2006,
WPMP. No.5008 of 2006
WVMP. No.2070 of 2006
1. Mrs. M. Jayajothi
2. Mrs. R. Jayaboopathy
(petitioners are rep. By
their Power Agent R. Nagarajan) ..Petitioners
Chennai 600 053. ..Respondent
Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorari as stated therein.
For Petitioners : Mr. V. Chandrakanthan
For Respondent : Mrs. G. Devi
(Order of the Court was made by P.SATHASIVAM,J.) Aggrieved by the proceedings of the Commissioner, Ambattur Municipality dated 16.01.2006, the petitioners have filed the above writ petition to quash the same on various grounds.
2. Heard the learned counsel for the petitioners as well as respondent.
3. During the course of hearing learned counsel for the respondent Municipality by taking us through the documents filed in the form of typed set of papers submitted that the Municipality is mainly concerned with the encroachment made by the petitioners and also submitted that the Municipality is empowered to take action against the petitioners for violation of the approved plan.
4. The learned counsel appearing for the petitioners submitted that in respect of alleged deviations, they made a representation to the Chennai Metropolitan Development Authority (in short, "CMDA") and also paid necessary charges for regularisation. According to the counsel, the same is pending with CMDA and it is for the petitioners to pursue the same. We are not expressing anything on the application made by the petitioners for regularisation and the orders to be passed by CMDA.
5. In so far as the encroachment, in view of the fact that the present impugned proceeding is not clear, we permit the respondent Municipality to issue fresh notice mentioning the details of encroachment and proceed further in accordance with law. With the above observation, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are also closed. kh
Chennai 600 053.
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