Sathappan. A.K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2021
CORAM:
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE and THE HON'BLE MR.JUSTICE M.M.SUNDRESH and W.M.P.(MD)553 and 555 of 2021 W.P.(MD)No.663 of 2021:
A.K.Sathappan ... Petitioner -vs1. The District Collector, Pudukkottai, Pudukkottai District.
2. The Executive Officer, Ponnamaravathy Town Panchayat, Ponnamaravathy, Pudukkottai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the second respondent's impugned order in Na.Ka.No.A1/802/2020, dated 22.12.2020 and quash the same as illegal relating to the petitioner's shop and its extent of 0.00.32 sq.mtrs., situated in Survey No.830 of Ponnamaravathy West Village, Ponnamaravathy, Pudukkottai District, according to law. W.P.(MD)No.664 of 2021:
Karuppaiah ... Petitioner -vs1. The District Collector, Pudukkottai, Pudukkottai District.
2. The Executive Officer, Ponnamaravathy Town Panchayat, Ponnamaravathy, Pudukkottai District.
... Respondents 1/3
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the second respondent's impugned order in Na.Ka.No.A1/802/2020, dated 22.12.2020 and quash the same as illegal relating to the petitioner's shop and its extent of 0.00.27 sq.mtrs., situated in Survey No.830 of Ponnamaravathy West Village, Ponnamaravathy, Pudukkottai District, according to law. For Petitioner : Mr.Prasanna Rajadurai in both cases for Muthalraj.S For Respondents in both cases :
Mr.K.MU.Muthu Additional Government Pleader for R.1 :
Mr.D.Muruganantham for R.2 COMMON ORDER [The Order of the Court was made by M.M.SUNDRESH, J.] The petitioners, challenging the orders dated 22.12.2020, by which they were asked to show cause as to why a final order of eviction shall not be passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, filed the present writ petitions.
2. Though learned Counsel for the petitioners seeks to make submissions on merits, we are not inclined to entertain these writ petitions, for the sole reason that what has been challenged is only a show cause notice and therefore, without giving an explanation by showing cause to the impugned notices issued, the petitioners have rushed to the Court.
3. In such view of the matter, the writ petitions stand dismissed. However, the petitioners are given liberty to give show cause to the impugned notices within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, if final order is not passed already, appropriate orders will be passed, within a period of four weeks thereafter. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS ) 2/3
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To:
1. The District Collector, Pudukkottai, Pudukkottai District.
2. The Executive Officer, Ponnamaravathy Town Panchayat, Ponnamaravathy, Pudukkottai District.
+2ccs to Mr.Na.Palaniyandi, Advocate in SR.Nos.1239, 1240 and W.M.P.(MD)553 and 555 of 2021 19.01.2021 krk/ssl AE/ (01/02/2021) 3P / 5C 3/3