Rosi Foundation, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13869 of 2014 and M.P.(MD) No.1 of 2014 Rosi Foundation rep. By its Chairman S.Palanivel ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Velunatchiyar Complex, Dindigul District.

2.The Project Officer, District Rural Development Agency, Dindigul District, Collector Office, Dindigul.

3.The President, Sirumalai Panchayat, Dindigul District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the third respondent through his impugned notice dated nil received on 16.07.2014 and quash the same.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.M.Govindan,Spl. G.P. For RR1 and 2 No Appearance for R3

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner challenges the notice issued by the third respondent, calling upon the writ petitioner to remove the encroachment in question.

https://hcservices.ecourts.gov.in/hcservices/ 2.It is seen that the impugned notice was not preceded by any

prior show cause notice. Therefore, the notice impugned in this writ petition is quashed. However, the matter is remitted to the file of the third respondent with liberty to proceed afresh in accordance with law.

3.The writ petition is allowed with the above observation. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To

1. The District Collector, Office of the District Collector, Velunatchiyar Complex, Dindigul District.

2. The Project Officer, District Rural Development Agency, Dindigul District, Collector Office, Dindigul.

+1 cc to M/S.RIGHT LAW ASSOCIATES , Advocate in SR.No. 68613 Skm/Arul AE/JC/SAR3/11.08.2017/2P/4C W.P(MD)No.13869 of 2014 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/