Pitchai.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)Nos.1355, 1357, 1359, 1361, 1362, 1364 and 1366 of 2021 and W.M.P.(MD)Nos.1150, 1151, 1154, 1155, 1156, 1157 1159, 1160, 1162, 1163, 1164, 1165, 1169 and 1170 of 2021 M.Pitchai ... Petitioner W.P.(MD) NO.1355 of 2021 C.Karuppayee ... Petitioner W.P.(MD) NO.1357 of 2021 Kannan.P ... Petitioner W.P.(MD) NO.1359 of 2021 Boss.P ... Petitioner W.P.(MD) NO.1361 of 2021 Chinna Pitchaiammal. M ... Petitioner W.P.(MD) NO.1362 of 2021 Azagu Natchi. C ... Petitioner W.P.(MD) NO.1364 of 2021 Thatchan Karuppan. K ... Petitioner W.P.(MD) NO.1366 of 2021 Vs.

1.The District Collector, Office of the District Collector, Madurai District.

2.The Commissioner, Madurai City Municipal Corporation Arignar Anna maligai Madurai.

3.The Tahsildar, Office of the Tahsildar Madurai North Taluk Madurai District.

4.The Assistant Engineer PWD/WRD Office of the Assistant Engineer, PWD/WRD Periyar Main Canal Section Mettupatti Periyar Main Canal sub division No.I Madurai-2 ... Respondents in all WPs Common Prayer : Writ Petitions are filed under Article 226 of the Constitution of India, seeking for issuance of a Writs of certiorari to call for the entire records connected to the impugned notice to order for removal of encroachment dated 07.01.2021 issued by the respondent NO.4 and quash the same.

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In all WPS For Petitioners : Mr.S.Malaikani For R1 & R3 & R4 : Mr.K.P.Krishnadoss Special Government Pleader For R2 : Mr.R.Murali Standing Counsel COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) Challenging the impugned notices issued by the respondent No.4, by which, the petitioners were asked to remove the encroachments, failing which, consequential action will follow, the writ petitions have been filed.

2.In as much as the said proceedings dated 07.01.2021 is concerned, it cannot be construed as a final notice and hence, we treat it as a show cause. Consequently, the petitioners are directed to give explanation to the said notice within four weeks from the date of receipt of a copy of this order and on receipt of the same, respondent No.4 shall consider the same and pass appropriate orders on merits and in accordance with law. In the meanwhile, there shall be an order of status-quo as on today.

3.The Writ Petitions are disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (RTI ACT) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.

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To 1.The District Collector, Office of the District Collector, Madurai District.

2.The Commissioner, Madurai City Municipal Corporation Arignar Anna maligai, Madurai.

3.The Tahsildar, Office of the Tahsildar Madurai North Taluk Madurai District.

4.The Assistant Engineer PWD/WRD Office of the Assistant Engineer, PWD/WRD Periyar Main Canal Section Mettupatti Periyar Main Canal sub division No.I Madurai-2 +1 CC to SPL GP ( SR-2364[F] dated 29/01/2021 ) W.P.(MD)Nos.1355, 1357, 1359, 1361, 1362, 1364 and 1366 of 2021 and W.M.P.(MD)Nos.1150, 1151, 1154, 1155, 1156, 1157, 1159, 1160, 1162, 1163, 1164, 1165, 1169 and 1170 of 2021 27.01.2021 VB (11.02.2021) 3P 6C 3/3