Mrs.Palaniammal v. The Special Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 12.03.2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No. 3499 to 3501 of 2015 Mrs. Palaniammal ... Petitioner (In WP No.3499/2015) M. Ramalingam ... Petitioner (In WP No.3500/2015) A. Manickam ... Petitioner (In WP No.3501/2015) Vs.
1. The Special Tahsildar, (Adi-Dravidar Welfare), Ulundurpet, Villupuram District.
2. The Tahsildar, Uludurpet Taluk, Ulundurpet, Villupuram District.
3. Senthanadu Village Panchayat, rep. By its Executive Officer/President, Senthanadu, Ulundurpet Taluk, Villupuram District.
... Respondents (In WP Nos.3499 to 3501/2015) Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records pertaining to the impugned order of eviction notice dated 2.2.2015 in Na.Ka.No.A/1381/2012 on the file of the 1st respondent and quash the same.
For petitioners : Mr. R. Neelakandan For respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 & R2 COMMON ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.) Questioning the legality and propriety of the memorandum dated 2.2.2015, the petitioners have come up with these writ petitions seeking to quash the same.
2. The case of the petitioners is that pursuant to the earlier notice dated 19.1.2015, they have preferred individual explanation/representation on 23.1.2015, which was duly received by the authorities. Despite the representation/ explanation, the authorities have observed that no one has appeared nor offered any explanation for the same. This is contrary to the facts of the case.
3. Be that as it may. Since fresh notice dated 02.2.2015 has been issued, as pointed out by the learned Special Government Pleader appearing for the respondents on the basis of the affidavit dated 09.3.2015 filed by the Special Tahsildar and no consequential action has been taken thereafter, the petitioners are granted liberty to file fresh explanation/representation within a period of two weeks and thereafter, the respondents/authorities are directed to consider their explanation carefully and pass detailed order dealing with each and every ground/issue raised by the petitioners and take consequential action, if necessary, thereafter. These writ petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
RA To
1. The Special Tahsildar, (Adi-Dravidar Welfare), Ulundurpet, Villupuram District.
2. The Tahsildar, Uludurpet Taluk, Ulundurpet, Villupuram District.
3. The Executive Officer/President, Senthanadu Village Panchayat, Senthanadu, Ulundurpet Taluk, Villupuram District.
+1cc to Mr.T.Gandhi, Advocate, S.R.No.14171 W.P. No.3499 to 3501 of 2015 KGK(CO) CA(23/03/2015)