Saraswathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 14834 of 2015 Saraswathy ... Petitioner vs.

1. The District Collector, Erode District, Erode.

2. The Tahsildhar, Erode District, Erode.

3. The Executive Officer, Nasiyanoor Town Panchayat, Erode District, Erode.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the concern records relating to the order Na.Ka.No.45/2014, dated 30.3.2015 passed by the 3rd respondent and quash the same.

For petitioner : Mr.M. Gnanasekar For respondent : Mr. P.S.Sivashanmugasundaram, Spl. Govt. Pleader R1 & R2 Ms. R. Indumathi for Mr. D. Suriyanarayanan - R3

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of the learned counsel for the parties, this writ petition is taken up for final disposal. 2.

This writ petition is filed challenging the show cause notice dated 30.03.2015 issued by the third respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, whereby and whereunder, the petitioner was asked to show cause as to why, the encroachment made by him on the Government land should not be removed. By the said notice, she was also directed to appear before the third respondent to submit her explanation. 3.

Pursuant to the aforestated notice, the petitioner has made a representation dated 07.04.2015 to the third respondent and the same is pending consideration.

4.

In such view of matter, the third respondent is directed to consider the petitioner's representation dated 07.04.2015 and pass a reasoned order, on merits and in accordance with law, adverting to each and every averment made in the said representation, within a period of four weeks from the date of receipt of a copy of this order. Needless to state that no action for removal of encroachment shall be taken, till orders are passed on the petitioner's representation, as aforestated.

5.

The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ra

To

1. The District Collector, Erode District, Erode.

2. The Tahsildhar, Erode District, Erode.

3. The Executive Officer, Nasiyanoor Town Panchayat, Erode District, Erode.

+1cc to Mr.D.Suriyanarayanan, Advocate, S.R.No.27870 +1cc to Mr.M.Gnanasekar, Advocate, S.R.No.27678 +1cc to the Government Pleader, S.R.No.27727 W.P. No.14834 of 2015 UG(CO) CA(17/06/2015)