Gurusamy, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2018
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.11168 of 2018 and W.M.P(MD)Nos.10208 and 10209 of 2018 Gurusamy
...Petitioner
Vs.
1. The District Collector, Madurai District, Madurai.
2. The Tahsildar, Peraiyur Sub-Circle, Peraiyur Taluk, Madurai District.
3. The Revenue Inspector, Peraiyur Sub Circle, Peraiyur Taluk, Madurai District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the third respondent dated 04.05.2018, vide his proceedings No.Nil and quash the same as illegal and consequently to forbear the respondents from evicting the petitioner from his peaceful possession and enjoyment of the property in Natham S.F.No.174/4, for an extent of 0.33.0 hectares land situated at P.Ponnaiyapuram Village, Peraiyur Taluk, Madurai District without following any due process of law. For Petitioner :Mr.T.Vadivelan For Respondents :Mr.A.K.Baskarapandian Special Government Pleader
O R D E R
(Order of the Court was made by D.KRISHNAKUMAR.J) This Writ Petition has been filed to call for the records pertaining to the impugned order of the third respondent dated 04.05.2018, vide his proceedings No.Nil and quash the same as illegal and consequently to forbear the respondents from evicting the petitioner without following due process of law. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Counsel for the petitioner submits that the respondents have not followed the procedure as contemplated under
the provisions of the Tamil Nadu Land Encroachment Act, 1905. Hence, the impugned proceedings is liable to be quashed. 3.The learned Special Government Pleader appearing for the respondents fairly submitted that no notice or opportunity was granted to the petitioner before issuing notice dated 04.05.2018.
4. Perusal of the impugned proceedings dated 04.05.2018, would show that it is only a notice, wherein, the petitioner was directed to vacate the encroached premises within a period of one week from the date of receipt of the same and it was informed that action would be taken in accordance with law, if the petitioner fails to comply with the said direction.
5. In view of the above, it is clear that no opportunity was granted to the petitioner to put forth his case. Hence, we have no hesitation to set aside the impugned notice dated 04.05.2018. Accordingly, the impugned notice dated 04.05.2018 is set aside. However, the respondents are at liberty to issue a fresh notice and pass appropriate orders on merits and in accordance with law after affording due opportunity to the petitioner.
6. With the above directions, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The District Collector, Madurai District, Madurai.
2. The Tahsildar, Peraiyur Sub-Circle, Peraiyur Taluk, Madurai District.
3. The Revenue Inspector, Peraiyur Sub Circle, Peraiyur Taluk, Madurai District.
+1cc to Spl.Government Pleader Sr.No.66217 DSK/GK VB/SKN/RSK/SAR1/08/06/2018/3P/5C W.P.(MD) No.11168 of 2018 25.05.2018 https://hcservices.ecourts.gov.in/hcservices/