IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
V.Yasodaa – Appellant
Versus
The Commissioner Coimbatore City Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. challenge to eviction notice issued by the corporation (Para 1 , 2) |
| 2. respondents' arguments on public purpose land encroachment (Para 3 , 4) |
| 3. court's observations on public purpose land ownership and rights (Para 5 , 6 , 7) |
| 4. court dismisses writ petition with directions (Para 8 , 9) |
(Order of the Court was made by S.M.Subramaniam J.)
Writ petition on hand has been instituted challenging the final show cause notice issued by the Commissioner, Coimbatore Corporation, asking the petitioner to vacate and hand over the encroached portion of the public purpose land as per the approved layout, failing which, enforcement action will be completed by evicting the petitioner from the subject property.
2. Learned Senior Counsel appearing for the petitioner would mainly contend that the respondents have issued the impugned notice based on the judgment and decree passed in Second Appeal No. 510 of 2019 and 518 of 2019, dated 26.04.2019, which was confirmed by the Hon’ble Supreme Court of India. In the said civil proceedings, the petitioner’s land was not included in the suit schedule property. Therefore, by referring to the said order, the Corporation ought not to have issued
Association of Vasanth Apartment’s Owners Vs V. Gopinanth And Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.