HC orders to stay proceedings of municipal commissioner

The Madurai High Court bench today stayed proceedings of the Kodaikanal Municipality Commissioner seeking the 128 year-old Kodaikanal Club to vacate the unauthorized buildings of the club within.
Justice S Nagamuthu and Justice V S Ravi stayed the notification of the commisisoner issued in July this year.
The Judges also ordered notice to the Dindigul District Collector, Commissioner, among others.
The petitioner Rakesh Mittal, Honourary Secretary of the club, earlier known as English Club, contended that the club was in existence since 1887. Members of Princely families, British and European nationals, Governors, Prelates, Judges, Generals andIndustrialists were the members of the club.

The District Collector on Jun 10, 2007, issued a notification stating that the construction of a commercial buidling within the club premises was unauthorized and sought the club's explanation as to why it should not be demolished.
Then the petitioner gave the explanation that the building was more than 100 years old and they did not construct any new building in the area.

Then after three years the Collector issued a notice confirming the earlier notice and sought to demolish the building.
The club officials again said that there was no new construction within the club premises. However the collector gave ultimatum to demolish the building. But nothing happened for five years. Now another notice had been issued. The club had explained it stand now also.

He said the club's amenities were 100 years old.
The club was a registered society,and non profit establishment. Before passing the order to vacate the premises no opportunity was given for hearing their side. The order was belated one,hence the court should stay the proceedings, he said.