Kalyanasundaram v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.05.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P.Nos.21233 and 21234 of 2025 K.Kalyanasundaram .. Petitioner vs The Executive Officer, Sarkarsamakulam Town Panchayat, Coimbatore District.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, calling for the records pertaining to the impugned eviction notice in Na.Ka.No.10/2024 dated 07.04.2025 issued by the respondent and quash the same.

For Petitioner : Mr.M.Vijayaragavan For Respondent : Ms.R.L.Karthika Government Advocate 1/4

ORDER

(Made by G.R.SWAMINATHAN., J.) Heard the learned counsel for petitioner and the learned Government Advocate for respondent.

2. By the impugned order dated 07.04.2025, the petitioner had been directed to remove the alleged encroachment. It is too obvious that it was not preceded by the prior show cause notice. There has been a clear violation of principles of natural justice.

3. The impugned order dated 07.04.2025 is set aside. Liberty is granted to the respondent to proceed afresh as per law after issuing show cause notice.

4. The writ petition is allowed. No costs. Consequently, the connected miscellaneous petitions are closed.

[G.R.S.,J] [V.L.N.,J] 22.05.2025 Index:Yes/No Speaking order/Non-speaking order rsi/rka 2/4

To The Executive Officer, Sarkarsamakulam Town Panchayat, Coimbatore District.

3/4

G.R.SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

rsi/rka and W.M.P.Nos.21233 and 21234 of 2025 22.05.2025 4/4