[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the final notice dated 15.02.2017 passed in Na.Ka.No.1356/2013/F2 by the first respondent and quash the same, by way of issuing a writ of certiorarified mandamus.
2.Mr.P.Mahendran, learned Standing Counsel, has taken notice for the respondents.
3.The learned counsel appearing for the petitioner has contended to the effect that immediately after receipt of the impugned notice dated 15.02.2017 from the first respondent, an appeal has been preferred to the first respondent, but the same is pending on his file and now the first respondent has made arrangements to demolish the dwelling house of the petitioner and under the said circumstances, the present writ petition has been filed.
4.The learned standing counsel appearing for the respondents has contended to the effect that the petitioner has given only a representation and he has not preferred any appeal and therefore the relief sought in the writ petition cannot be granted.
5.On the basis of the divergent submissions made on either side, it is made clear that after receipt of notice dated 15.02.2017, the petitioner has given a representation to the first respondent and the same can be treated as an appeal. Since an appeal petition is pending on the file of the first respondent, this Court is inclined to pass the following order.
6.In fine, the first respondent is strictly directed to dispose of the appeal preferred by the petitioner within a period of fifteen days. With the above observation, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Commissioner, Karaikudi Municipality, Karaikudi, Sivagangai District.
2.The Special Officer/Municipality Council, Karaikudi Municipality, Karaikudi, Sivagangai District..