K.Kaliammal v. The Commissioner

O R D E R [Order of the Court was made by M.SUNDAR, J.,] Read this in conjunction with and in continuation of earlier proceedings / order dated 18.02.2025 made in the captioned WP which reads as follows: 'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2025 CORAM THE HONOURABLE MR JUSTICE M. SUNDAR AND THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI WP No. 5568 of 2025 and WMP No. 6147 of 2025 K.Kaliammal W/o.Kuppusami Gounder No.39 North 2nd Street, Sandhapettaipudur, Namakkal. .. Petitioner(s) Vs Namakkal Corporation, Namakkal. .. Respondent(s) WMP NO. 6147 of 2025 K.Kaliammal Page Nos.2/7 W/o.Kuppusami Gounder No.39 North 2nd Street, Sandhapettaipudur, Namakkal. .. Petitioner(s) Vs Namakkal Corporation, Namakkal. .. Respondent(s) For Petitioner(s): Mr.R.Vivek For Respondent(s): Mr.V.Ravi

Special Government Pleader ORDER (Order of the Court was made by the Hon'ble M.Sundar J.) Mr.R.Vivek, learned counsel on record for writ petitioner submits that a 'notice dated 28.01.2025 under Section 128 of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity)' {hereinafter 'said notice' for the sake of brevity} was issued, it was served on the writ petitioner on 03.02.2025, on the very next day i.e.,

04.02.2025 writ petitioner sent a representation, this 04.02.2025 representation has been received by the sole respondent on

06.02.2025 but without passing orders vide proviso to Section 128(1)(b) of TNULB Act, the respondent has now commenced demolition is learned counsel's say.

¶2For convenience, we are giving the dates and events in the form of a tabulation: SI.No. Date Event/Description

28.01.2025 Respondent's notice under Section 128 of TNULB Act

03.02.2025 Aforesaid Section 128 notice served on the writ petitioner Page Nos.3/7 SI.No. Date Event/Description

04.02.2025 In response to Section 128 notice, writ petitioner sent a response/representation

06.02.2025 Aforementioned 04.02.2025 representation/response of writ petitioner received by the respondent

12.02.2025 Captioned writ petition was filed

¶3Issue notice.

¶4Mr.V.Ravi, learned Special Government Pleader, who accepts notice for sole respondent, requests for a short accommodation to get instructions, more particularly specific instructions on whether orders under proviso to Section 128(1)(b) of TNULB Act have been made by the respondent.

¶5List day-after-tomorrow in the Admission Board i.e., Motion List . In the interregnum, let status-quo as of today qua WMP prayer be maintained. List in the Admission Board i.e., Motion List but under the cause list caption 'NOTICE REGARDING ADMISSION' on

20.02.2025.'

¶2Aforementioned proceedings shall now be read as an integral part and parcel of this order. This means that short forms, short references and abbreviations used in the earlier proceedings / order will continue to be used in the instant proceedings also. Page Nos.4/7

¶3Adverting to earlier proceedings, more particularly paragraph No.4 thereat, Mr.V.Ravi, learned Special Government Pleader, on instructions submits that orders under proviso to Section 128(1)(b) of TNULB Act have not been made by respondent. Learned State Counsel, further submits on instructions that orders under proviso to Section 128(1)(b) of TNULB Act will be made as expeditiously as the official business of respondent would permit but in any event, within three weeks from today i.e., on or before

14.03.2025. This submission is recorded.

¶4The order to be made by respondent under proviso to Section 128(1)(b) of TNULB Act by considering writ petitioner's response dated

04.02.2025 (received by respondent on 06.02.2025) shall be served on writ petitioner under due acknowledgement within five working days from the date of order.

¶5Further coercive action (if any and if that be so) will be subject to and depending on orders to be made by respondent. Page Nos.5/7 Captioned WP disposed of in the aforesaid manner. Consequently, Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.]

21.02.2025 Index : Yes / No Speaking order / Non-speaking order mk To Namakkal Corporation Namakkal. Page Nos.6/7 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk

21.02.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.6147 of 2025 K.Kaliammal W/o.Kuppusami Gounder ...Petitioner Vs Namakkal Corporation Namakkal. ...Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the entire records pertaining to the impugned order passed by the respondent in Na.Ka.12/2025/F1 dated 28.01.2025 and quash the same by considering the petitioner's representation dated 04.02.2025. For Petitioner : Mr.R.Vivek For Respondent : Mr.V.Ravi Special Government Pleader Page Nos.1/7