Madras High CourtWP(MD)/3427/2021disposed of

Thangaraj.V v. The District Collector

2021-02-23Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.3427 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.3427 of 2021 and W.M.P.(MD)No.2778 of 2021 V.Thangaraj ... Petitioner Vs.

1. The District Collector, Madurai District.

2. The Divisional Engineer (Highways), Construction and Maintenance, Thirumangalam, Madurai.

3. The Assistant Divisional Engineer(Highways), Construction and Maintenance, Thirumangalam, Madurai.

4. The Assistant Engineer (Highways), Construction and Maintenance, Thirumangalam, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of of Certiorari, to call for the records pertaining to the impugned notice in Ka.No.12/2020/U.Po. dated 31.12.2020 issued by the 4th respondent and quash the same in respect of the petitioner.

For Petitioner : Mr.J.Hariharan For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has challenged the impugned notice issued by the respondent No.4 on the ground that he was not heard. After receiving the said notice, the petitioner gave a representation by way of reply, dated 11.01.2021.

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W.P.(MD)No.3427 of 2021 2.On perusal of the impugned notice, the writ petitioner has not been heard and he has been directed to remove the alleged encroachment. The petitioner also gave a reply as stated above. 3.Therefore, we direct the respondent No.4 to pass a final order, taking note of the representation given by the petitioner and after affording an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Till such time, status quo shall be maintained.

4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) OGY To

1. The District Collector, Madurai District.

2. The Divisional Engineer (Highways), Construction and Maintenance, Thirumangalam, Madurai.

3. The Assistant Divisional Engineer(Highways), Construction and Maintenance, Thirumangalam, Madurai.

4. The Assistant Engineer (Highways), Construction and Maintenance, Thirumangalam, Madurai District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-6945[F] dated 24/02/2021) +1 CC to MR.J.HARIHARAN, Advocate ( SR-7404[F] dated 25/02/2021 ) Order made in W.P.(MD)No.3427 of 2021 and W.M.P.(MD)No.2778 of 2021 23.02.2021 SSS(CO) SRS (05/03/2021) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2