SHOWKATH ALI Vs. COMMISSIONER

JUDGEMENT

(1.) Aggrieved by the proceedings of the respondent dated 13.06.2002, made in exercise of the powers conferred under Section 451 of The Coimbatore City Municipal Corporation Act, 1981 (in brevity "the Act"), cancelling the licence granted to the petitioners for building permission and requiring the petitioners to hand over possession of the property located in T.S.Ward No.8, Block No.2, Survey Nos.40 and 41, Site 25 and 26, Door No.66-B, West Bashyagarlu Street, R.S.Puram, Coimbatore, the petitioners have filed these writ petitions for issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent in his proceedings No.Na.Ka.No.8407/98H.1/ West dated 13.06.2002 and to quash the same and consequently to direct the respondent to establish their claim before the competent Civil Court in respect of the properties of the petitioner located in T.S.Ward No.8, Block No.2, Survey Nos.40 and 41, Site 25 and 26, Door No.66-B, West Bashyagarlu Street, R.S.Puram, Coimbatore.

(2.) The facts of the case in nutshell are as follows:- Alleging that the petitioners have produced forged documents and made misrepresentation and obtained the building permission, the respondent / Corporation, exercising powers conferred under Sections 258 and 451(4) of the Act issued a notice to the petitioners on 22.01.1999. Pursuant to the notice, on the next day, viz., 23.01.1999, the respondent / Corporation proposed to demolish the building located in T.S.Ward No.8, Block No.2, Survey Nos.40 and 41, Site 25 and 26, Door No.66-B, West Bashyagarlu Street, R.S.Puram, Coimbatore, of course with the help of police and in the presence of media people. Aggrieved by the said action of the respondent / Corporation, the petitioners approached this Court by way of writ petitions in W.P.Nos.950 and 951 of 1999 for issuance of a Writ of Certiorarified Mandamus and to quash the same and also to forbear the respondent in any way interfering with the rights of the petitioners in occupying their respective disputed premises.

(3.) Mr. R.Krishnamoorthy, learned Senior Counsel appearing for the petitioner in W.P.No.31502 of 2002 and Mr.M.Venkatachalapathy, learned Senior Counsel appearing for the petitioner in W.P.No.31503 of 2002 assailed the impugned order of the respondent mainly on the grounds that the respondent / corporation cannot judge its own cause and therefore, the impugned proceedings of the respondent dated 13.06.2002 is illegal and the same is without jurisdiction as the respondent / corporation is not entitled to go into the dispute relating to the title and possession of the suit property, which can be gone into and decided only by the competent Civil Court, for which the petitioners herein have already laid a suit in O.S.No.463 of 2003 on the file of Sub-Court, Coimbatore and the same is pending, wherein the respondent has already filed their written statement and the suit is ready for framing issues. In this regard, reliance was placed by learned Senior Counsel, on the decision of the Apex Court reported in RAMESH CHAND ARDAWATIYA .VS. ANIL PANJWANI (2003(7) S.C.C. 350)