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2023 Supreme(Online)(MAD) 26611
MADRAS HIGH COURT
Honourable Mrs Justice R. HEMALATHA
P.Shanmugam – Appellant
Versus
The Commissioner – Respondent
WP/222/2023
A municipality must issue a valid notice under Section 216(2) of the Tamil Nadu District Municipalities Act before issuing a notice under Section 216(3) of the Tamil Nadu District Municipalities Act.
Headnote:
PROPERTY TAX - UNAUTHORIZED CONSTRUCTION - NOTICE - [The court held that the respondent municipality must consider the petitioner's representation and pass orders on merits and in accordance with law within 12 weeks from the date of receipt of a copy of the order after affording an opportunity to the petitioner. Till such time, the respondent is restrained from taking any coercive steps against the petitioner.]
Fact of the Case:
The petitioner, who runs a small carpentry work as a cottage industry, challenged the respondent municipality's notice directing him to remove the unauthorized construction within 3 days, failing which the respondent would demolish the building. The petitioner contended that he had not received any notice under Section 216(2) of the Tamil Nadu District Municipalities Act before the notice dated 24.11.2022 issued under Section 216(3) of the Tamil Nadu District Municipalities Act.
Finding of the Court:
The court found that the respondent municipality had not mentioned any reference number or date of issue of notice issued under Section 216(2) of the Tamil Nadu District Municipalities Act in the reference of the notice dated 24.11.2022.
Issues: Whether the respondent municipality had issued a valid notice under Section 216(2) of the Tamil Nadu District Municipalities Act before issuing the notice under Section 216(3) of the Tamil Nadu District Municipalities Act.
Ratio Decidendi: The court held that the respondent municipality must consider the petitioner's representation and pass orders on merits and in accordance with law within 12 weeks from the date of receipt of a copy of the order after affording an opportunity to the petitioner. Till such time, the respondent is restrained from taking any coercive steps against the petitioner.
Final Decision: The court disposed of the writ petition with directions to the respondent municipality to consider the petitioner's representation and pass orders on merits and in accordance with law within 12 weeks from the date of receipt of a copy of the order after affording an opportunity to the petitioner. Till such time, the respondent is restrained from taking any coercive steps against the petitioner.
W.P.No.222 of 2023 & W.M.P. No.212 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P.No.222 of 2023 &
W.M.P. No. 212 of 2023
P. Shanmugam
...Petitioner
Vs.
The Commissioner
Krishnagiri Municipality
Krishnagiri, Krishnagiri District
... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, forbearing the respondent from
evicting and demolishing the petitioner's cottage industry situated in Door
No.452-D, Kamala Nagar, Gandhi Road, Krishnagiri, Krishnagiri District
till the disposal of the written representation made by the petitioner on
19.12.2022 for regularisation.
For Petitioner
: Mr. C. Prakasam
For Respondent
: Mr. E. Vijay Anand
Additional Government Pleader
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.222 of 2023 & W.M.P. No.212 of 2023
ORDER
(Order of the Court was delivered by V.M.VELUMANI, J.)
The petitioner has come out with the present Writ Petition
praying to issue a Writ of Mandamus, forbearing the respondent from
evicting and demolishing the petitioner's cottage industry situated in Door
No.452-D, Kamala Nagar, Gandhi Road, Krishnagiri, Krishnagiri District
till the disposal of the written representation made by the petitioner on
19.12.2022 for regularisation.
2. This Court directed Mr.E. Vijay Anand, learned Additional
Government Pleader to take notice on behalf of the respondent.
3. By consent of both the learned counsel appearing for the
petitioner as well as Mr.E.Vijay Anand, learned Additional Government
Pleader, who takes notice for the respondent, this Writ Petition is taken
up for final disposal at the admission stage itself.
Page 2 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.222 of 2023 & W.M.P. No.212 of 2023
4. Heard the learned counsel appearing for the petitioner as
well as the learned Additional Government Pleader appearing for the
respondent and perused the entire materials on record.
5. The case of the the petitioner is that he is running a small
carpentering work as cottage industry in Plot No.1 situate in S.No.116,
Krishnagiri Village, Krishnagiri District. He purchased the said property
in the year 2007 and constructed the building and carrying on business
for more than 15 years. The building is assessed for property tax. While
so, the respondent addressed a letter Na.Ka.No.798/2021/F1, dated
17.11.2022, to the Inspector Police, Town Police Station, Krishnagiri,
seeking protection for demolition of the building as per order of this
Court dated 24.03.2021 in W.P. No.7723/2021 filed by one
Thiyagarajan. Learned counsel appearing for the petitioner submitted
that the petitioner is not a party to the said Writ Petition. Subsequently,
the respondent issued a notice dated 24.11.2022 under Section 216(3) of
the Tamil Nadu District Municipalities Act, directing the petitioner to
remove the unauthorised construction within 3 days, failing which the
Page 3 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.222 of 2023 & W.M.P. No.212 of 2023
respondent will demolish the building under Section 339(2) of the Tamil
Nadu District Municipalities Act. The learned counsel appearing for the
petitioner further submitted that the petitioner has not received any notice
under Section 216(2) of the Tamil Nadu District Municipalities Act
before the notice dated 24.11.2022 issued under Section 216(3) of the
Tamil Nadu District Municipalities Act. In such circumstances, the
petitioner has sent a representation dated 19.12.2022 to the respondent.
Since no order has been passed by the respondent till date, the petitioner
has come out with the present Writ Petition.
6. It is the case of the petitioner that no notice was issued to the
petitioner under Section 216(2) of the Tamil Nadu District
Municipalities Act before issuin
