Santhanam. G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI in W.M.P(MD)No.2584 of 2021 (Through Video Conferencing) G.Santhanam : Petitioner Vs.

1.The District Collector Virudhunagar District, Virudhunagar.

2.The Tahsildar, Kariyapatti Taluk Kariyapatti Virudhunagar District.

3.The Block Development Officer (Panchayats) Kariyapatti Panchayat Union, Kariyapatti, Virudhunagar District.

4.The President, Kambikudi Village Panchayat, Kambikudi Village Kariyapatti Virudhunagar District.

5.N.Balu : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari to call for the entire records connected with the impugned order passed by the 4th respondent in Na.Ka.P1/30/2020 dated 09.02.2021 and quash the same. For Petitioner : Mr.K.K.Kannan For Respondents : Mr.K.Mu.Muthu for R1 & R2 Additional Government Pleader Mr.V.R.Shanmuganathan for R3 & R4 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition challenging the notice of eviction on many grounds among the one of notice preceding the same.

2. On perusal of the order, we find no reference has been made to the show cause notice issued nor the consideration of the objection, if any given by the petitioner.

3. In such view of the matter, the impugned order is set aside giving liberty to the respondent No.4 to initiate a fresh proceedings, after putting the petitioner on notice.

4. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Crl Side) // 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. To 1.The District Collector Virudhunagar District, Virudhunagar.

2.The Tahsildar, Kariyapatti Taluk Kariyapatti Virudhunagar District.

3.The Block Development Officer (Panchayats) Kariyapatti Panchayat Union, Kariyapatti, Virudhunagar District.

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+1 CC to M/s.SPL GP ( SR-6444[F] dated 22/02/2021 ) +1 CC to M/s.K.K.KANNAN, Advocate ( SR-6457[F] dated 22/02/2021 ) in W.M.P(MD)No.2584 of 2021 Dated: 19.02.2021 kvn(CO) KK(25.02.2021) 3P 6C 3/3