Mrs.Malarakodi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition Nos.25572 to 25575 of 2016 and connected WMPs ---- Malarkodi
...Petitioner in W.P.25572/2016
V.Murugan
...Petitioner in W.P.25573/2016
A.Saradha
...Petitioner in W.P.25574/2016
J.Radha
...Petitioner in W.P.25575/2016
Vs.
1.The District Collector Villupuram Villupuram District 2.The Junior Engineer Water resource Organization Public Work Department Ulundurpettai Villupuram District ... Respondents/Respondents in all WPs Prayer in all the above W.Ps:- Writ Petitions filed praying to issue a Writ of Certiorari directing to call for the records pertaining to the impugned eviction notice issued by the 2nd respondent dated 18.08.2015 and quash the same. For Petitioners : Mr.G.Ranganathan in all WPs For Respondents : Mrs.A.Srijayanthi, Spl.Govt.Pleader in all WPs COMMON ORDER (ORDER of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the Petitioners and Mrs.A.Srijayanthi, learned Special Government Pleader, who accepts notice for respondents 1 and 2.
2. In the Writ Petitions, it is averred that the petitioners occupied some extent of State Highway Poramboke, constructed houses https://hcservices.ecourts.gov.in/hcservices/
and living for more than four decades. It is further averred that the 2nd respondent issued impugned eviction notice dated 18.08.2015 without contemplating to Rule-5 of the Tamil Nadu Protection of Tank and Eviction Encroachment Act, 2007.
3. It appears that as against the impugned Notice dated 18.08.2015, the petitioners filed a representation/reply dated 20.08.2015 to the 1st respondent. Therefore, the 1st respondent is directed to consider the said representation/reply of the petitioners dated 20.08.2015 and pass appropriate orders in accordance with law. It is made clear that the respondents 1 and 2, shall give one month time to the petitioners to remove the encroachment on their own, failing which, the authorities shall take action including forcible eviction of the petitioners on or before 31st August 2016.
4. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMPs are closed. Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar To 1.The District Collector Villupuram Villupuram District 2.The Junior Engineer Water resource Organization Public Work Department Ulundurpettai Villupuram District +1 cc to Mr.G.Ranganathan, Advocate,sr.41651, 41654, 41655 & 41656 +1 cc to Govt.Pleader,sr41928.
pvr(co) krd 5/8 W.P.No.25572 to 25575 of 2016 https://hcservices.ecourts.gov.in/hcservices/