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Madras High CourtWP/25418/2024disposed of

M.Natarajan v. The District Collector

2024-09-03Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI M.Natarajan ..

Petitioner Vs.

1. The District Collector O/o. Kanchipuram District Collectorate Kanchipuram.

2. The Assistant Division Engineer (Highways) Constructions and Maintenance Sriperumbudur.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari to call for the records on the file of the 2nd respondent in Ref. f.vz;.105/224/,tm/ehs; 01.08.2024 and quash the same.

For the Petitioner : Mr.M.Natarajan Party-in-Person For the Respondents : Mr.K.Karthik Jegannath Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) By consent of both the parties, the writ petition itself is taken up for hearing at the stage of admission.

2. The notice issued by the second respondent directing the petitioner to remove the encroachment within seven days is under challenge in this writ petition.

3. According to the petitioner, no opportunity of hearing was granted to him before issuing the impugned notice and therefore, the principles of natural justice is violated.

4. On perusal of the impugned notice, we are satisfied that the petitioner has not been provided with an opportunity of hearing.

5. In view of the above, we direct the petitioner to treat the impugned notice as the show cause notice and submit his

explanation within a period of one week from the date of receipt of a copy of this order and on receipt of such explanation, the second respondent shall consider the same and pass appropriate orders within a period of three weeks thereafter.

6. The writ petition is disposed of. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B., J.) 03.09.2024 Index :

Yes/No Yes/No kpl To

1. The District Collector O/o. Kanchipuram District Collectorate Kanchipuram.

2. The Assistant Division Engineer (Highways) Constructions and Maintenance Sriperumbudur.

D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.

(kpl) 03.09.2024