Mrs.Ammaniammal v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023 CORAM :

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

Petitioner Vs.

The Assistant Engineer Highways Department Perundurai Erode District.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the respondents culminating in the impugned notice dated 01.09.2023 issued by the respondent to the writ petition, quash the same. For the Petitioner : Mr.N.Alagu Narayanan For the Respondent : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Alagu Narayanan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondent.

2. Learned counsel for the petitioner submits that the land in S.No.120/3, admeasuring 2 cents, situated at Vijayamangalam Village was alloted to the petitioner. The Highways Department has issued a notice for removal of encroachment within a period of one week. It is contended by learned counsel for the petitioner that no opportunity was given to the petitioner.

3. The present public notice issued by the respondent to the petitioner shall be construed as a showcause notice and the petitioner shall file a reply to the same within a period of seven days along with all the relevant documents, on which the petitioner relies upon. The respondent Authority shall consider the reply filed by the petitioner before taking any further action.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.26937 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 22.09.2023 Index :

Yes/No :

Yes/No drm To

1. The Assistant Engineer Highways Department Perundurai Erode District.

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

(drm) 22.09.2023