LAWS(MAD)-2017-9-350

M.KALYANI Vs. COMMISSIONER

Decided On September 27, 2017
M.KALYANI Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) The petitioners have come forward with the following prayers: W.P.No.25811 of 2017: The Writ Petition is filed seeking for a Writ of Certiorari to call for the records pertaining to the impugned notice No.Dn/33/2017, dtd. 25/7/2017 and the consequential de-occupation notice letter No.03/00003/2017, dtd. 13/9/2017, issued by the respondents 2 to 4, pertaining to the petitioner's property at ground floor of the premises bearing Door No.46C, Madhavaram High Road, Moolakkadai, Madhavaram, Chennai - 600 060 and quash the same. W.P.No.25812 of 2017: The Writ Petition is filed seeking for a Writ of Certiorari to call for the records pertaining to the impugned notice No.Dn/33/2017, dtd. 25/7/2017 and the consequential de-occupation notice letter No.03/00003/2017, dtd. 13/9/2017, issued by the respondents 2 to 4, pertaining to the petitioner's property at first floor of the premises bearing Door No.46C, Madhavaram High Road, Moolakkadai, Madhavaram, Chennai - 600 060 and quash the same.

(2.) According to the petitioners, they have got sanctioned plan in the year 2005. Unfortunately, without referring to the said plan, taking into account of some other plan, vide P.P.No.962/2010, dtd. 1/11/2010, the respondents have proceed to demolish the house and also issued lock and seal notice, dtd. 25/7/2017 and de-occupation notice has also been issued on 13/9/2017.

(3.) The respondents are unable to refute the contention of the petitioners. However, it is submitted that the respondents may be permitted to issue fresh notice and take appropriate action in accordance with law, if there is any violation.