The impugned notice exhibited non-application of mind, leading to its quashing, and the court directed expeditious disposal of the appeal.

M. Sathyanarayanan, J.

1. In this writ petition, challenge is made to the order dated 6th June, 2013 passed by the second respondent, under which, it has been stated that in view of unauthorized construction put up in Ka.Sa.No.495/3A, Villavankurichi Village, Coimbatore Taluk and District, the Corporation of Coimbatore will take action to lock and seal the building/superstructure and addressees of the said notice were called upon to remove the articles and apparels from the building within 24 hours from the time of receipt of the notice.

2. In the affidavit filed in support of the writ petition, it is averred, among other things, that the writ petitioner is one of the partners of M/s. Vasanthi Motors, and the said partnership firm is a dealer of M/s. Hero Moto Corporation Limited, New Delhi and he along with her daughter-in-law namely, Ms. Poonguzhali applied for dealership for selling motor cycle manufactured by the above said company and they were awarded a letter of intent on 9.11.2009. The petitioner would further aver that after obtaining the planning permission, they had put up construction and M/s. Hero Moto Corporation Limited, also imposed certain conditions with regard to the maintenance of the show room, workshops, etc. and the time for providing the infrastructure facilities was also extended from time to time and now the building is in complete shape and is being used for carrying on business as stipulated in the dealership agreement. The petitioner would further state that on an earlier occasion, the second respondent herein issued notice dated 6.2.2012 with regard to refusal of planning permission and challenging the vires of the same, the daughter-in-law of the writ petitioner as well one K. Viswanathan filed W.P.No. 3892 of 2012 and the First Bench of this Court, taking into consideration the appeal petition filed by the petitioners therein against the above said order, passed final orders on 21.2.2012 directing the concerned authority to dispose of the appeal petition as expeditiously as possible, within a period of four weeks from the date of receipt of that order, and till the disposal of the appeal, directed the second respondent namely, the Assistant Commissioner, Coimbatore City Municipal Corporation (East Zone), Coimbatore not to demolish the superstructure put up by the petitioners and at the same time, the petitioners therein were also directed not to put up any further construction.

3. The petitioners would further state that after completion of the construction of the building, it was not assessed to property tax, etc and therefore, the petitioners in W.P.No. 3892 of 2012 once again filed W.P.No. 7812 of 2012 on the file of this Court praying for the issue of a Writ of Mandamus directing the respondents namely, the Commissioner, Coimbatore City Municipal Corporation, Coimbatore and the Assistant Commissioner, Coimbatore City Municipal Corporation, Coimbatore to assess the building constructed in the above said survey number. A single Bench of this Court, after taking into consideration the submissions made by the learned counsel appearing for the petitioners and also the learned standing counsel appearing for the Corporation, has passed an order directing the writ petitioners therein to approach the respondents with a request to assess the building within a period of two weeks from the date of receipt of a copy of this order and on such request being made, the respondents were directed to consider and pass appropriate orders of take suitable decision within a period of two weeks from the date of receipt of the representation and the writ petition was disposed of with the above direction.

4. The writ petitioner would further state that in terms of the above said order, the building in question has been assessed to property tax and electricity service connection and water and drainage connections were also provided and the business carried on by the writ petitioner has also been registered