Balasaraswathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].Nos. 10838 to 10843 & 10845 of 2018 and W.M.P.(MD)Nos. 9971 to 9976 & 9978 of 2018 BALASARASWATHI .....Petitioner in WP(MD)No.10838/2018 SUGUMAR .....Petitioner in WP(MD)No.10839/2018 AMUTHA DEVI .....Petitioner in WP(MD)No.10840/2018 MUTHU VIJAYAN .....Petitioner in WP(MD)No.10841/2018 JEYARAJ .....Petitioner in WP(MD)No.10842/2018 SELVATHIRUPATHI .....Petitioner in WP(MD)No.10843/2018 LOGANATHAN .....Petitioner in WP(MD)No.10845/2018 -Vs.-
1. The District Collector, Thoothukudi District.
2. The Tahsildar, Kovilpatti, Thoothukudi District.
....Respondents in all WPs COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the order dated 26.04.2018 issued by the 2nd respondent in Na.Ka.No.Aa6/10177/2015 and quash the same. For Petitioner : Mr.Veerakathiravan, in all WPs Senior Counsel for M/s.Veera Associates, For Respondents : Mr.Muruganantham in all WPs Additional Government Pleader COMMON ORDER [Order of the Court was made by G.R.SWAMINATHAN, J.] In all these writ petitions, the second respondent/Tahsildar had passed an order under Section 6 of the of Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act'). Before passing order under Section 6 of the Act, notice under Section 7 of the Act should have been issued. 2.In this case, it is seen that such a notice was issued on 19.03.2018. The writ petitioners have given their reply in response thereto. But, then, in the impugned order, there is absolutely no https://hcservices.ecourts.gov.in/hcservices/
reference to the writ petitioners' explanation. The purpose of giving notice and opportunity to the affected party to offer explanation is to take the same into account, when passing final order. In this case, final order has been passed without considering the writ petitioners' explanation. On this sole ground, the orders impugned in these writ petitions stand quashed. It is open to the second respondent to pass orders afresh, after specifically dealing with the contentions taken by the writ petitioners in their explanations. With this liberty to the authorities to pass orders afresh in accordance with law, all these writ petitions stand allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To
1. The District Collector, Thoothukudi District.
2. The Tahsildar, Kovilpatti, Thoothukudi District.
+7cc to M/s.Veera Associates, Advocate, SR.No.65239 +1cc to Special Government Pleader, SR.No.65326 W.P.[MD].Nos. 10838 to 10843 & 10845 of 2018 and W.M.P.(MD)Nos. 9971 to 9976 & 09.05.2018 KSA/RR VE/SKN/RSK/SAR 4/07.06.2018/2P/11C https://hcservices.ecourts.gov.in/hcservices/