Palaniselvi v. The Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and W.M.P.(MD) Nos.4998 to 5000 of 2021 (Through Video Conferencing) Palaniselvi : Petitioner Vs.

1.The Additional Chief Secretary Department of Revenue and Disaster Management, Government of Tamilnadu Chennai.

2.The District Collector Madurai 3.The Revenue Divisional Officer, Tirumangalam Taluk 4.The Tahsildar, Kalligudi Taluk 5.The Commissioner Kalligudi Panchayat Union, 6.The President/Executive Officer, Village Panchayat Kurayur Village Kalligudi Taluk 7.Jeyaraj : 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 records relating to the impugned notice of the 6th respondent in Na.Ka.No.1/2021 (Cuhl;rp eph;thfk;) dated 09.03.2021 and quash the same as illegal.

For Petitioner : Mr.G.Mariappan For Respondents : Mr.K.Mu.Muthu for R1 to R4 Special Government Pleader 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) By the impugned notice, the petitioner was asked to remove the encroachment by herself, failing which, consequent would follow. Challenging the same, the present writ petition has been filed contending that it is not even preceded by a show cause notice.

2. Inasmuch as the impugned order has been passed without affording an opportunity of being heard, we are inclined to treat the impugned notice as a show cause notice. It is seen that the petitioner has already given a representation on 09.03.2021 followed by a legal notice dated 15.03.2021. Thus, we direct the respondent No.6 to consider the same and pass a speaking order within a period of four weeks from the date of receipt of a copy of this order. Till then, status quo as on today shall be maintained.

3. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Additional Chief Secretary Department of Revenue and Disaster Management, Government of Tamilnadu Chennai.

2.The District Collector Madurai 3.The Revenue Divisional Officer, Tirumangalam Taluk 2/3

4.The Tahsildar, Kalligudi Taluk +1 CC to M/s.G.MARIAPPAN, Advocate ( SR-12987[F] dated 23/03/2021 ) +1 CC to M/s.SPL GP ( SR-13345[F] dated 24/03/2021 ) Dated: 22.03.2021 PK(CO) KB(15.04.2021) 3P 7C 3/3