R.Velumani v. The Commissioner

ORDER Aggrieved by the order of eviction passed by the 2nd respondent, the petitioner is before this Court.

¶2It is the case of the petitioner that he purchased the subject property through his predecessors in title for a valuable sale consideration of Rs.2,70,000/- under a registered Sale Deed in Doc No.1273 of 1993 on the file of the Sub Registrar Gandhipuram, Coimbatore. The patta in respect of the said property stands in the name of the petitioner and that he claims to be in lawful possession and enjoyment thereof. Whileso, a notice of eviction dated

04.05.2022 was issued by the respondents under Section 285(4) and 441 of the Coimbatore City Municipal Corporation Act, 1981 that the petitioner was an encroacher. Though the petitioner had submitted a detailed explanation to the said notice, however, without considering the same, the respondents had proceeded to the impugned eviction order. Aggrieved by the said action, the petitioner has come forward with the present Writ Petition.

¶3Learned counsel appearing for the petitioner submitted that though the petitioner had furnished a suitable explanation to the earlier notice issued by the respondents, the same was not taken into consideration. It is further submitted Page3 of 4 that the present impugned order has come to be passed without affording any opportunity of hearing to the petitioner thereby violating the principles of natural justice. Accordingly, he prayed for allowing the Writ Petition.

¶4Learned standing counsel appearing for the respondents submitted that the impugned eviction order may be treated as a show cause notice to which, the petitioner may be directed to give suitable reply within the time that may be stipulated by this Court.

¶5The petitioner has challenged the impugned order of eviction on the ground that it was passed without affording any opportunity to the petitioner thereby violating the principles of natural justice. It was also submitted that the explanation submitted by the petitioner in response to the earlier notice was not considered by the respondents. In view of the aforesaid circumstances, this Court deems it appropriate to treat the impugned eviction order as a show cause notice. Accordingly, the petitioner is directed to submit his explanation within a period of one week from the date of receipt of a copy of this order. Upon receipt of such explanation, the 1st respondent is directed to consider the same on its own merits, in accordance with law and thereafter, pass appropriate orders on the same within a period of six weeks thereafter. Page4 of 4

M.DHANDAPANI, J. NHS

¶6The writ Petition stands disposed of in the above terms. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 08-06-2026 Index: Yes/No Speaking/Non-speaking order NHS To

¶1The Commissioner Coimbatore City Municipal Corporation, Coimbatore 641 001.

¶2The Assistant Executive Engineer (Planning) Coimbatore West Zone, Coimbatore City Municipal Corporation, Coimbatore. and W.M.P.Nos.254 & 256 of 2023

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.254 & 256 of 2023 R.Velumani ..Petitioner(s) Vs 1. The Commissioner Coimbatore City Municipal Corporation, Coimbatore 641 001. 2. The Assistant Executive Engineer (Planning) Coimbatore West Zone, Coimbatore City Municipal Corporation Coimbatore. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the 2nd Respondent dated 16.12.2022 and quash the same and consequently Forebear the Respondents from interfering with the peaceful possession of the property of the petitioner in Door No. 5 / 36, KG Layout 2nd Cross Church Road K K Pudur, Coimbatore-46 without following the due process of law. For Petitioner(s): Mr.C.Vigneswaran For Respondent(s): Mr.Velmurugan, standing counsel for RR-1 & 2 Page2 of 4