Madras High CourtWP(MD)/10997/2014allowed

Latha v. The District Collector

2017-07-27Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) Nos.10997 to 11000 of 2014 and W.M.P.(MD)Nos.1 and 2 of 2014 1.Latha :Petitioner in W.P.(MD)No.10997 of 2014 2.Malaiyandi :Petitioner in W.P.(MD)No.10998 of 2014 3.Vellaiyammal :Petitioner in W.P.(MD)No.10999 of 2014 4.Yasothai :Petitioner in W.P.(MD)No.11000 of 2014 Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Melur Taluk, Madurai District.

3.The President, Therkutheru Village Panchayat, Melur Taluk, Madurai District.

: Respondents in all Writ Petitions COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records connected with the order passed by the respondent No.3 in Na.Ka.No.1/2014-15 dated 28.06.2014 and quash the same as illegal.

For Petitioners : Mr.S.Malaikani For Respondents 1 & 2 : Mr.M.Govindan Special Government Pleader (In all Writ Petitions) COMMON ORDER [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioners are aggrieved by the impugned notice dated 28.06.2014, issued by the third respondent calling upon the writ petitioners to remove the encroachment in question within ten https://hcservices.ecourts.gov.in/hcservices/

days.

2.It is seen that the impugned order was not preceded by any show cause notice. Therefore, on this ground, the impugned notice is quashed. The matter is remitted back to the file of the third respondent to proceed afresh in accordance with law. 3.The writ petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District.

2.The Tahsildar, Melur Taluk, Madurai District.

+1cc to Mr.R.ALAGUMANI Advocate in SR. NO.68237 MR/TA/AKV JS/JC/SAR.3/23.08.2017/2P-4C COMMON ORDER MADE IN W.P.(MD) Nos.10997 to 11000 of 2014 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/