KANTHAMMAL Vs. COMMISSIONER, CORPORATION OF CHENNAI AND THE ASSISTANT COMMISSIONER, REVENUE ZONE-5, CORPORATION OF CHENNAI

JUDGEMENT

(1.) The petitioner has approached this Court for issuance of Writ of Certiorari to call for the impugned notice dated 10.02.2004 issued to her under Section 220 of the Madras City Municipal Corporation Act on 10.05.2004 by the first respondent viz., The Commissioner, Corporation of Chennai, and quash the same.

(2.) Heard the learned Counsel for the petitioner as well as the respondents.

(3.) It is not in dispute that the land bearing No. 299, Purasawakkam High Road, Kilpauk, Chennai-10, over which the building and superstructure were constructed, does not belong to the petitioner. Even according to the learned Counsel for the petitioner, she was sought for assignment of the land. Admittedly no order has been passed granting assignment in her favour. The particulars furnished by the Commissioner of Corporation, Chennai-3, in the form of counter affidavit show that the said property is situated in the junction of Kellys Road and Purasawalkam High Road. It is the claim of the respondents that the petitioner has illegally occupied to an extent of 780 sq. ft., and has put up a shop and building, wherein she is residing and now claimed as if, it is her own property.