Chinnapaiyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CHINNAPAIYAN ..
Petitioner Vs
1. THE DISTRICT COLLECTOR DISTRICT COLLECTOR COMPLEX, SALEM DISTRICT.
2. THE TAHSILDAR EDAPPADI, SALEM DISTRICT.
3. THE ASSISTANT ENGINEER HIGHWAYS (C AND M) EDAPPADI, SALEM DISTRICT.
4. M.RAJAMANICKAM ..
Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to the impugned final order passed by the 3rd respondent in Ku.No.01/Encroach/2023/U.Poo/ dated 29.5.2023 and quash the same as illegal and vindictive nature.
For the Petitioner : Mr.K.Mahendran
For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.K.Mahendran, learned counsel for the petitioner; and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3.
2. Amongst other submissions, one of the submissions of learned counsel for the petitioner is that the impugned order is passed without notice to the petitioner.
3. The elementary and cardinal principles of natural justice have to be adhered to. As it is contended that prior to the impugned order directing the petitioner to remove the encroachment no opportunity was given to the petitioner, we pass the following
order:
(a) the impugned order (page 19) shall be treated as a show cause notice;
(b) the petitioner shall file a reply to the same along with all the documents on which the petitioner relies within 15 days from today;
(c) the respondent authority shall consider the reply and the documents filed by the petitioner and take a decision afresh in accordance with law;
(d) Depending upon the decision taken, the parties may take further steps.
With these observations and directions, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.27562 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :
Yes/No Yes/No sasi
To:
1. THE DISTRICT COLLECTOR DISTRICT COLLECTOR COMPLEX, SALEM DISTRICT.
2. THE TAHSILDAR EDAPPADI, SALEM DISTRICT.
3. THE ASSISTANT ENGINEER HIGHWAYS (C AND M) EDAPPADI, SALEM DISTRICT.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 03.10.2023