M SANTHA Vs. COMMISSIONER CHENGALPATTU MUNICIPALITY CHENGALPATTU

JUDGEMENT

(1.) WRIT Petition No.3237 of 2011 is filed praying to issue a WRIT of Certiorarified Mandamus, calling for the records relating to the impugned notice Na.Ka.2/2011/F1, dated 02.02.2011 issued by the respondent and quash the same and consequently forebear the respondent his men, agents or subordinates from evicting and demolishing the house of the petitioner at New No.23, Old No.43, Kailasanadhar Koil Street, Chengalpattu 603 002, except by Due Process of Law.

(2.) WRIT Petition No.3238 of 2011 is filed praying to issue a WRIT of Certiorarified Mandamus, calling for the records relating to the impugned notice Na.Ka.2/2011/F1, dated 02.02.2011 issued by the respondent and quash the same and consequently forebear the respondent his men, agents or subordinates from evicting and demolishing the house of the petitioner at New No.43, Old No.28, Kailasanadhar Koil Street, Chengalpattu 603 002, except by Due Process of Law.

(3.) PETITIONER in both the cases can prove before the authority that she has not encroached or engaged in unauthorized construction by a reply referring to the provisions of the Tamil Nadu District Municipalities Act. This has been emphasized by this Court in the case of Ramaraju.T. - vs. - The State of Tamil Nadu reported in 2005(2) CTC 741 (FB).