1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8663 of 2011 and M.P.No.1 of 2011 Yasothai : Petitioner Vs. The Commissioner, Corporation of Madurai, Madurai. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned order in NE7/22089/10, dated 20.07.2011 on the file of the respondent and quash the same. For Petitioner : Mr.M.Thirunavukkarasu For Respondent : Mr.M.Jothibasu ORDER [Order of the Court was made BY P.JYOTHIMANI, J] Mr.M.Jothibasu, learned counsel, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Writ Petition is directed against the impugned notice dated 20.07.2011, by which the petitioner has been asked to remove the encroachments said to have been made by her. The grievance of the petitioner is that without giving any opportunity to submit her explanation/objections, the impugned notice has been issued directing him to remove the encroachments. 3. Having regard to the fact that the petitioner was not given any opportunity whatsoever before the impugned notice was issued, we are of the opinion that the impugned notice should be directed to be treated as a show cause notice and the petitioner must be given opportunity to submit her explanation/objections for the impugned notice, and thereafter, it is for the respondent – Corporation to pass appropriate orders taking note of the explanation/objections to be filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Accordingly, without going into the validity or otherwise of the impugned notice, the Writ Petition stands disposed of in the following terms:- The impugned notice dated 20.07.2011 shall be treated as a show cause notice and the petitioner is directed to submit her explanation/objections within a period of two weeks from the date of receipt of a copy of this order.  On receipt of such explanation/objections, along with a copy of this order, the respondent - Corporation shall consider the same and pass appropriate orders on merits and in accordance with law.  Till such final orders are passed, the respondent – Corporation shall not interfere with the possession of the petitioner. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Commissioner, Corporation of Madurai,Madurai. +1cc to Mr.M.Thirunavukkarasu, Advocate, Sr.No.25817 +1cc to Mr.M.Jothi Basu, Advocate, Sr.No.25819 NB SMA/04.8.2011/4C/2P ORDER MADE IN W.P.(MD).No.8663 of 2011 03.08.2011 https://hcservices.ecourts.gov.in/hcservices/