Premkumar v. The Assistant Divisional Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.10011 & 10012 of 2023 Premkumar ... Petitioner Vs.

1.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance) Musiri, Trichy District.

2.The Assistant Engineer, Highways Department, (Construction and Maintenance) Musiri, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the first respondent vide his proceedings Fwpg;ghiz vz;.106/2023/m1/ dated 17.04.2023 and quash the same as illegal. Mandamus, 1/4

For Petitioner :Mr.K.Arunraj For Respondents :Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

********** Heard the learned counsel on either side.

2. The first respondent had issued the impugned communication calling upon the petitioner to remove the encroachment in question. The stand of the petitioner is that there is no encroachment at all.

3. The impugned communication has been issued without complying with the principles of natural justice. On this technical ground, the impugned communication is set aside. Liberty is given to the first respondent to issue a fresh notice. Only after complying with the principles of natural justice, final order shall be passed by the first respondent. The contentions of both the parties are left open. 2/4

4. The writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No am/Indu To 1.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance) Musiri, Trichy District.

2.The Assistant Engineer, Highways Department, (Construction and Maintenance) Musiri, Trichy District.

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G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

am/Indu 0RDER MADE IN 10.05.2023 4/4