Madras High CourtWP(MD)/20637/2015allowed

C. Rengasamy v. The District Collector,

2017-09-01Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20637 of 2015 and M.P.(MD) No.2 of 2015 1.C.Rengasamy 2.Krishnasamy 3.Sri Renugakengammal Temple, represented by its Trustee Chinnasamy ... Petitioners Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Commissioner of Village Panchayat, Village Panchayat Union, Kuziliamparai, Vedasanthur,

4. The Tahsildar, Vedasandur Taluk Office,

5. The Block Development Officer, Kuziliamparai, Vedasandur, Dindigul District.

6. The President of Panchayat, R.Velludu Village, ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the 5th respondent in Na.Ka.No.1408/2014/B3 dated 13.11.2015 and quash the same.

For Petitioner : Mr.K.K.Ramakrishnan For Respondents : Mr.M.Govindan, Special Government Pleader for RR1, 2 and 4 Mr.K.P.Krishnadoss, for R3,5 and 6

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) This writ petition is directed against the order bearing Na.Ka.No.1408/2014/B3 dated 13.11.2015 issued by the Block Development Officer, Kuziliamparai, calling upon the writ petitioner to remove the encroachment in question. Before calling upon the encroacher to remove the encroachment, show cause notice must be given.

2.The memorandum dated 23.10.2015 said to have been issued by the Panchayat President cannot be considered as a show cause notice. It is a final order issued in violation of the principles of natural justice. Therefore, the order impugned in this writ petition stands quashed. The matter is remitted to the file of the fifth respondent to proceed afresh in accordance with law. 3.The writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To