IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:14.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition Nos.2737 of 2011, 26836 to 26839 of 2010, 1373 and 1406 to 1408 of 2011 and M.P.No.1 of 2011 in all W.Ps. S.R.Narayanamurthy, ... Petitioner in W.P.No.2737 of 2011 S.V.Krishnaraj, ... Petitioner in W.P.No.26836 of 2010 S.Indirani, ... Petitioner in W.P.No.26837 of 2010 U.Subbakonar, ... Petitioner in W.P.No.26838 of 2010 Nanjappa Chettiar, ... Petitioner in W.P.No.26839 of 2010 S.Janaki, ... Petitioner in W.P.No.1373 of 2011 M.Sivakumar, ... Petitioner in W.P.No.1406 of 2011 Sangeetha Priya, ... Petitioner in W.P.No.1407 of 2011 Jayalakshmi, ... Petitioner in W.P.No.1408 of 2011 vs. 1.The Commissioner (i/c), Sathyamangalam Municipality, Sathyamangalam, Erode District. 2.The District Collector, Erode District, Erode-638 011. ... Respondents in all W.Ps. Writ Petition No.2737 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings made in Na.Ka.No.2772/10 dated 13.12.2010 on the file of the first respondent, quash the same. https://hcservices.ecourts.gov.in/hcservices/ Writ Petition Nos.26836 to 26839 of 2010, 1373 and 1406 to 1408 of 2011 are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings made in Na.Ka.No.2772/10 dated 14.10.2010 on the file of the first respondent, quash the same. For Petitioner in all W.Ps. :Mr.N.Manoharan For Respondents in all W.Ps. :Mr.M.Dhandapani Special Government Pleader for R1, Mr.S.Shivashanmugham, Government Advocate, for R2. COMMON ORDER Writ Petition No.2737 of 2011 is filed praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings made in Na.Ka.No.2772/10 dated 13.12.2010 on the file of the first respondent, quash the same. 2. Writ Petition Nos.26836 to 26839 of 2010, 1373 and 1406 to 1408 of 2011 are filed praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings made in Na.Ka.No.2772/10 dated 14.10.2010 on the file of the first respondent, quash the same. 3. M.Dhandapani, learned Special Government Pleader takes notice on behalf of the first respondent in all the writ petitions. Mr.S.Shivashanmugam, learned Government Advocate takes notice on behalf of the second respondent in all the writ petitions. The relief sought for in all the nine writ petitions, is one and the same. Hence, by consent of both parties, all the nine writ petitions are taken up together for final disposal. 4. All the nine writ petitions have been filed by the persons claiming to be the owners or occupiers of property. The first respondent has issued individual notice stating that they want to widening the road and the petitioners have encroached upon the road margins which they have to vacate for the above purpose. Seven days time was given to vacate the encroached portion. According to the petitioners, they have valid title over the property which they are occupying and the notice issued is without application of mind and without any legal right. https://hcservices.ecourts.gov.in/hcservices/ 5. On the contrary, Mr.M.Dhandapani, learned Special Government Pleader appearing for the first respondent in all the writ petitions states that the notices were issued on the basis of physical verification. The authorities are clear that the petitioners have encroached the road margin. If the petitioners are really aggrieved, they can always submit their grievance/representation to the first respondent authority and clarify their right over the property. The writ petitions are premature. 6. In view of the stand taken by the first respondent and the dispute with regard to the claim over the property, the petitioners are permitted to make an individual representation along with documents under which they are claiming right over the property. Such representation should be made within fifteen days from the date of receipt of a copy of this order to the first respondent. The first respondent shall thereafter consider the representation and the documents and pass final orders within fifteen days thereafter. The petitioners will be entitled to appear in person before the first respondent to prove their claim over the property. The petitioners shall not be disturbed till a final decision is taken as directed. 7. All the nine writ petitions are disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Commissioner (i/c), Sathyamangalam Municipality, Sathyamangalam, Erode District. 2.The District Collector, Erode District, Erode-638 011. + 9 ccs to Mr. N. Manokaran, Advocate Sr.18271 to 18274, 18276 to 18278, 18284, 18286. + 1 cc to Government Pleader Sr.18540 W.P.Nos.2737 of 2011, 26836 to 26839 of 2010, 1373 and 1406 to 1408 of 2011 CK(CO) Eu 6.4.11 https://hcservices.ecourts.gov.in/hcservices/