Madras High CourtWP/26489/2023disposed of

M.Ravanan v. The District Collector

2023-09-13Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Ravanan ..

Petitioner Vs.

1. The District Collector Vellore District, Vellore.

2. The Tahsildar Gudiyatham Taluk Vellore District.

3. The Superintending Engineer Public Works Department (Irrigation Division) Kangeyanallur Kootu Road Katpadi, Vellore District.

4. The Junior Engineer Water Resources Department (Irrigation Division) Gudiyatham, Vellore District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records relating to the impugned notices of the fourth respondent dated 29.03.2023 and 11.04.2023 issued by the fourth respondent and to quash the same.

For the Petitioner : Mr.C.Prabhaker for Mr.G.Vinodh Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Prabhaker, learned counsel for Mr.G.Vinodh Kumar, learned counsel appearing for the petitioner and Mr.P.Muthukumar, learned State Government Pleader appearing for the respondents.

2. Under the impugned notices, directions were given to remove the encroachment. It is submitted by learned counsel for the petitioner that the petitioner has not encroached upon the land. The petitioner is occupying the land owned by him.

3. The impugned notices shall be considered as a show-cause notice. The petitioner claims to have already filed a reply to the same on 25.04.2023. The respondents shall consider the reply filed by the petitioner and take a decision afresh with regard to the encroachment made by the petitioner or otherwise on its own merits.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.25897 & 25898 of 2023 are closed.

(S.V.G., CJ.) (P.D.A., J.) 13.09.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Vellore District, Vellore.

2. The Tahsildar Gudiyatham Taluk Vellore District.

3. The Superintending Engineer Public Works Department (Irrigation Division) Kangeyanallur Kootu Road Katpadi, Vellore District.

4. The Junior Engineer Water Resources Department (Irrigation Division) Gudiyatham, Vellore District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 13.09.2023