D.Vinayaka Moorthy v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.NO.12536 OF 2022 AND W.M.P.NOS.11996 & 11997 OF 2022 D.Vinayaka Moorthy .... Petitioner Vs.

The Assistant Engineer Water Resources Department PWD, Irrigation, Tirupattur.

.... Respondent Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in proceedings NIL dated 08.04.2022 on the file of the respondent and quash the same as illegal, incompetent and without jurisdiction.

For Petitioner :

Mr.V.Raghavachari For Respondent :

Mr.A.Selvendran Additional Government Pleader

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) With the consent of the learned counsel for both sides, the writ petition is disposed of at the admission stage itself.

2. Heard Mr.V.Raghavachari, learned counsel for the petitioner and Mr.A.Selvendran, learned Additional Government Pleader for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner questions the impugned eviction notice on the ground that the issue has been finally determined even without hearing the petitioner. We find substance in the said contention. The impugned order is therefore quashed, and liberty is given to the respondent to issue appropriate show cause notice.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Vacation Officer //True Copy// Sub Assistant Registrar KST To The Assistant Engineer Water Resources Department PWD, Irrigation, Tirupattur.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.31337 W.P.No.12536 of 2022 JPL(CO) PR/20/05/2022 https://hcservices.ecourts.gov.in/hcservices/