Balasubramanian.G v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)No.1124 of 2021 G.Balasubramanian : Petitioner Vs.

1.The District Collector, Collectorate, Karur.

2.The Tahsildar, Taluk Office, Taragamapatti, Kadavoor Taluk, 3.The Block Development Officer, Kadavoor, 4.The President, Kadavoor Village Panchayat, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned eviction notice passed by the 4th respondent dated 28.12.2020 and quash the same and consequently directing the respondents to consider the petitioner's representation dated 28.12.2020 for the issuance of patta. For Petitioner : Mr.C.M.Arumugam for Mr.K.Manoharan For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader *****

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition 1/3

challenging the notice issued by the fourth respondent dated 28.12.2020. This notice, on perusal, would indicate that it is in the nature of a show cause notice. We are also not sure as to whether the fourth respondent can invoke the Land Encroachment Act, by himself.

2. Be that as it may, since the proceedings have already been initiated, especially upon hearing the learned Special Government Pleader, who has stated that another notice has already been issued, we expect the concerned authorities to conclude the proceedings against the petitioner by following the due procedure. We further note that even this proceedings has been initiated only in pursuant to the orders of this Court.

3. As there is no concluded proceedings, the respondents are directed to follow the law and conclude the same within a period of eight weeks from the date of receipt of a copy of this order. Till such time, status quo, as on date, shall be maintained.

4. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Collectorate, Karur.

2.The Tahsildar, Taluk Office, Taragamapatti, Kadavoor Taluk, 3.The Block Development Officer, Kadavoor, 2/3

4.The President, Kadavoor Village Panchayat, +1 CC to SPL GP ( SR-2887[F] dated 02/02/2021 ) and W.M.P.(MD)No.1124 of 2021 29.01.2021 VB (16.02.2021) 3P 6C 3/3