Gnanagiri v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.2559 of 2023 and W.M.P.(MD)No.2326 of 2023 Gnanagiri ... Petitioner -Vs1.The District Collector, Trichy District, Trichy.
2.The Executive Officer, S.Kannanur, Special Grade Town Panchayat, Trichy District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice
issued by the 2nd respondent by his proceedings in Na.Ka.No.234/A2/2022, dated 31.01.2023 and quash the same as illegal.
For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] The eviction notice dated 31.01.2023 issued by the 2nd respondent is under challenge in this Writ Petition.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.Mr.K.Balasubramani, learned Special Government Pleader takes notice on behalf of the respondents.
4.According to the petitioner, he is in possession and enjoyment of the land in Old Survey No.105, New Survey No.252, to an extent of 90 sq.meter
situated at S.Kannanur West Village, Mannachanallur Taluk, Trichy District, which is classified as Natham land. In such circumstances, the 2nd respondent issued show cause notice dated 06.05.2022, stating that the land in question belongs to the Government, for which, one Arunachalam, who is none other than the uncle of the petitioner, submitted an explanation to the 2nd respondent. Since the 2nd respondent is not competent to initiate eviction proceedings, the petitioner submitted additional reply dated 18.05.2022 to the 2nd respondent. However, the 2nd respondent did not come forward to drop the proceedings. Therefore, challenging the said notice, the said Arunachalam filed W.P.(MD)No.10520 of 2022, wherein this Court, by an order dated 25.05.2022, set aside the impugned order dated 06.05.
2022 by giving liberty to the 2nd respondent to initiate proceedings under the relevant law. Therefore, the 2nd respondent has issued the present impugned eviction notice dated 31.01.2023. 5.The learned counsel appearing for the petitioner submitted that the impugned eviction notice dated 31.01.2023 is liable to be quashed on the ground that the 2nd respondent has not given any opportunity of hearing to the petitioner to place his objections / explanations.
6.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that pursuant to the directions of this Court dated 25.05.2022, made in W.P.(MD)No.10520 of 2022, the present impugned order has been issued to the petitioner and the land in Survey No.252 to an extent of 1.19.0 Ares is notified for construction of Weekly Market. Since the petitioner is running a hotel business in the land in question to an extent of 90 sq.meter, if the petitioner approaches the respondent concerned, patta will be issued based on the market value.
7.At this juncture, the petitioner has restricted his prayer in respect of only to an extent of 90 sq.meter and in respect of the remaining extent of the land, the petitioner has no right for asking any relief as against the respondents. 8.A perusal of the impugned eviction notice shows that the same has been issued to the petitioner without issuing any show cause notice to him. Therefore, we direct that the impugned eviction notice dated 31.01.2023 shall be
treated as show cause notice. The petitioner is permitted to make an objection / explanation to the show cause notice, dated 31.01.2023, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such objection / explanation, the 2nd respondent is directed to consider the same and pass appropriate orders on its own merits and in accordance with law within a period of eight weeks thereafter and if there is any encroachment in the land in question, the same would be removed, after affording sufficient opportunity to all the parties concerned and by following due process of law. Till such time, no coercive steps would be taken against the petitioner in respect of 90 sq.meter. 9.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [L.V.G., J.] 08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR
D.KRISHNAKUMAR, J.
AND L.VICTORIA GOWRI , J.
MYR To 1.The District Collector, Trichy District, Trichy.
2.The Executive Officer, S.Kannanur, Special Grade Town Panchayat, Trichy District.
W.P.(MD)No.2559 of 2023 08.02.2023