Amutha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.697 & 699 of 2023 Amutha ... Petitioner vs.

1.The District Collector, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul, Dindigul District.

3.The Revenue Divisional Officer, Dindigul, Dindigul District.

4.The Tahsildar, East Dindigul, Dindigul District.

5.The President, Vellodu Panchayath, Dindigul.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the impugned order passed by the fourth respondent dated 14.12.2022 and quash the same.

For Petitioner : Mr.P.Manikandan For RR 1 to 4 : Mr.K.Balasubramani Special Government Pleader For R - 5 : Mr.V.Nirmal Kumar Government Advocate

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Challenging the impugned eviction notice dated 14.12.2022 issued by the fourth respondent, directing the petitioner to remove the encroachment, the present Writ Petition has been filed. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6

3.The learned counsel for the petitioner submitted that the petitioner constructed a koorai house and living there for the past 37 years in the property in question, for which, the petitioner has been regularly paying property tax as assessed by the Government. Suddenly, the fourth respondent issued the impugned eviction notice dated 14.12.2022, treating the petitioner as an encroacher, without issuing any show cause notice, enabling the petitioner to submit her objection/explanation. Therefore, the same is liable to be set aside on the ground of violation of principles of natural justice.

4.The learned counsel appearing for the petitioner further submitted that the fourth respondent has issued the impugned eviction notice only in respect of the petitioner alone, but he has not chosen to remove the encroachment in respect of the other encroachers. 5.The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the impugned eviction notice shall be treated as show-cause notice if the petitioner submits her explanation/objection.

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6.In response to the said submission, the learned counsel appearing for the petitioner seeks time to submit the explanation/objection of the petitioner.

7.Considering the fact that the impugned eviction notice has been issued without giving any show cause notice to the petitioner to put forth her case, the impugned eviction notice is treated as show cause notice and the petitioner is directed to file her explanation/objection to the same, placing all the materials in support of her claims before the authority concerned on or before 31.01.2023. On receipt of such explanation/objection, the authority concerned is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity to all the parties concerned, within a period of four weeks thereafter. Till such time, the respondents are directed to maintain status-quo as on date. If it is found by the authorities concerned that the petitioner and other encroachers have encroached in the said survey number, such encroachment shall be removed forthwith by following due process of law, without causing any further delay. 4/6

8.With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,J.] [R.V.,J.] 11.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes To 1.The District Collector, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul, Dindigul District.

3.The Revenue Divisional Officer, Dindigul, Dindigul District.

4.The Tahsildar, East Dindigul, Dindigul District.

5.The President, Vellodu Panchayath, Dindigul.

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D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 11.01.2023 6/6