Madras High CourtWP(MD)/5547/2021disposed of

Rajamani.K v. The Asst Divisional Engineer(High Ways)

2021-03-12Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)Nos.5547 of 2021, etc., batch BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)Nos.5547, 5549, 5551 & 5552 of 2021 and W.M.P.(MD)Nos.4398, 4400 to 4403 of 2021 K.Rajamani : Petitioner in WP(MD)5547/2021 M.Thiruselvam : Petitioner in WP(MD)5549/2021 A.Ramachandran : Petitioner in WP(MD)5551/2021 R.Dhanasekar : Petitioner in WP(MD)5552/2021 Vs.

1.The Assistant Divisional Engineer, (Highways), Construction & Maintenance, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

: Respondents in all WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for the records of the first respondent in his proceedings in Na.Ka.No.455/E.Va.A/ 2020/Aakiramippu/dated 24.02.2021 and quash the same.

For Petitioners : Mr.S.M.Sanjay For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader [In all WPs] COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) What has been challenged by the petitioners is only a show cause notice issued by the first respondent dated 24.02.2021, asking them to show cause as to why the alleged encroachment shall not be removed. It appears that the petitioners have also given their reply on 27.02.2021 and also made a representation to the second respondent on 01.03.2021 to survey the property. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)Nos.5547 of 2021, etc., batch

2. The learned Special Government Pleader appearing for the respondents submitted that survey has already been done and what is required to be passed now is only a final order.

3. In such view of the matter, we direct the first respondent to pass appropriate final orders, in accordance with law, after taking note of the reply of the petitioners and in the light of the survey made, within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Assistant Divisional Engineer, (Highways), Construction & Maintenance, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-11187[F] dated 15/03/2021 ) W.P.(MD)Nos.5547, 5549, 5551 & 5552 of 2021 12.03.2021 SE(CO) KB(23.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2