Madras High CourtWP(MD)/3668/2019disposed of

Nithyanandan @ Saravanan, v. The District Revenue Officer,

2019-04-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.3668 and 3669 of 2019 and W.M.P.(MD)Nos.2871, 2872, 2873 and 2874 of 2019 Nithyanandan @ Saravanan ... Petitioner in W.P.(MD)No.3668 of 2019 P.Kumaresa Aadhithan ... Petitioner in W.P.(MD)No.3669 of 2019 Vs 1.The District Revenue Officer, Collectorate, Korampallam, Tuticorin District.

2.The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

3.Regibert Fernando 4.Greata Villavarayi ... Respondents in both writ petitions COMMON PRAYER :

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the impugned notice issued by the second respondent in A3/1783/2018, dated 30.11.2018 and quash the same. For Petitioner : Mr.M.Saravanan for R.Subramanian For R1 and R2 : Mr.K.Mu.Muthu Additional Government Pleader For R3 and R4 : Mr.M.Vallinayagam Senior Counsel for Mr.M.Gnanagurunathan COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioners are tenants under the respondents 3 and

4. The respondents 3 and 4 received the communication from the second respondent under Section 133 of Cr.P.C. After receipt of https://hcservices.ecourts.gov.in/hcservices/

such notice from the second respondent, the landlord put the writ petitioners on notice. The impugned communication merely reads that the noticee is to appear before the Executive Magistrate and offer his explanation after which orders will be passed in terms of Section 133 of Cr.P.C.

3.This order by itself does not infringe the writ petitioners' rights. It is always open to the writ petitioners to go before the second respondent on 06.05.2019 at about 3.00 p.m., and offer their objections. It is for the second respondent to pass appropriate orders in accordance with law. I find no ground to interfere with the order impugned in this writ petition. It is made clear that the respondents 3 and 4 shall also be heard before passing final orders by the second respondent.

4.Accordingly, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) pnn To 1.The District Revenue Officer, Collectorate, Korampallam, Tuticorin District.

2.The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

+2CC TO MR.M.GNANAGURUNATHAN, Advocate Sr. No.62491 & 62490 +2CC TO MR.R.SUBRAMANIAN, Advocate Sr. No.62553 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.62433 W.P.(MD)Nos.3668 and 3669 of 2019 and W.M.P.(MD)Nos.2871, 2872, 2873 and 2874 of 2019 24.04.2019 RP(CO) TR (08.05.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/