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JOHN IRON TRADERS versus MEMBER SECRETARY

High Court of Madras

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John Iron Traders v. Member Secretary - W.P. No.7997 of 2007 [2007] RD-TN 806 (5 March 2007)

In the High Court of Judicature at Madras

Dated: 05.03.2007

Coram

The Honourable Mr.Justice P.SATHASIVAM

and

The Honourable Mr.Justice N. PAUL VASANTHAKUMAR

W.P. No.7997 of 2007

and

M.P. No.1 of 2007

M/s John Iron Traders,

rep. by its Partner N.J.Babu,

No.55, Sengupta Street,

Ram Nagar,

Coimbatore 641 009. .. Petitioner Vs

1. The Member Secretary,

Coimbatore Local Planning Authority,

Coimbatore.

2. The Commissioner,

Coimbatore City Municipal Corporation,

Coimbatore 1.

3. The Assistant Commissioner,

Coimbatore City Municipal Corporation,

Coimbatore 1. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent pertaining to the notice bearing No.SR.220/2006/AE II and No.11405/2006/A5 signed on 27.12.2006, quash the same and forbear the respondents from demolishing the temporary structure at No.55-56, Sengupta Street, Ram Nagar, Coimbatore-641 009.

For Petitioner : Mr.M.S.Krishnan for M/s Sarvabhauman Associates For 1st respondent : Mr.J.Ravindran

For respondents 2 & 3 : Mr.K.Elango, Special Government Pleader ORDER



(Order of the Court was delivered by P.SATHASIVAM,J.) M/s John Iron Traders, aggrieved by the notice dated 27.12.2006 issued by the second respondent under Sections 282(3) and 296(3) of the Coimbatore City Municipal Corporation Act, has filed the above writ petition.

2. On direction, Mr.J.Ravindran takes notice for the first respondent and Mr.K.Elango, Special Government Pleader for Respondents 2 and 3.

3. It is not in dispute that against the impugned notice, the petitioner has filed an appeal before the Standing Committee under the Coimbatore City Municipal Corporation Act, 1981 and according to the learned counsel, the same was acknowledged by the second respondent on 18.01.2007. It is also their grievance that the said appeal is still kept pending and no order has been passed by the said authority. Taking note of the said aspect, we are of the view that ends of justice would be met by directing the Standing Committee or in the absence of the same, the Council of the Coimbatore City Municipal Corporation is directed to consider and dispose of the appeal filed by the petitioner under Section 452 of the Coimbatore City Municipal Corporation Act, 1981, on merits, within a period of eight weeks from the date of receipt of a copy of this order. Till the decision being taken in the appeal, the impugned proceedings shall be kept in abeyance.

4. The writ petition is disposed of accordingly. No costs. M.P.No.1 of 2007 is closed. raa

To

1. The Member Secretary,

Coimbatore Local Planning Authority,

Coimbatore.

2. The Commissioner,

Coimbatore City Municipal Corporation,

Coimbatore 1.

3. The Assistant Commissioner,

Coimbatore City Municipal Corporation,

Coimbatore 1.

[PRV/9771]


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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