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Madras High CourtWP(MD)/11435/2017allowed

K.Veerabathiran, v. The District Collector,

2017-07-14Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11435 of 2017 and W.M.P.(MD).Nos.8791 and 8792 of 2017 K.Veerabathiran .. Petitioner Vs.

1.The District Collector, District Collector's Office, Trichy-1, Trichy District.

2.The Assistant Divisional Engineer, Highways Department, Musiri, Trichy District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to second respondent proceedings made in Na.Ka.No.113/2017/A, dated 26.05.2017, quash the same, and further direct the second respondent to follow guidelines issued by Full Bench of this Court reported in 2005 (2) CTC 741. For petitioner : Mr.R.Sundar For Respondents : Mr.T.S.Mohamad Mohideen Additional Government Pleader

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed questioning the order dated 26.05.2017, issued by the second respondent herein, calling upon the writ petitioner to remove the encroachment in question. 2.It is seen from the impugned communication that it is not preceded by any show cause notice. Hence, on the ground of violation of principles of natural justice, we quash the impugned order dated 26.05.2017 and allow this writ petition. The matter is remitted to the file of the 2nd respondent to pass fresh https://hcservices.ecourts.gov.in/hcservices/

orders on merits and in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, District Collector's Office, Trichy-1, Trichy District.

2.The Assistant Divisional Engineer, Highways Department, Musiri, Trichy District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR.No.65889 +1cc to Mr.R.SUNDAR Advocate in SR. No.65534 RJ2/TSG JS/GT/SAR.2/2.8.2017/2P-5C ORDER MADE IN W.P(MD)No.11435 of 2017 and W.M.P.(MD).Nos.8791 and 8792 of 2017 14.07.2017 https://hcservices.ecourts.gov.in/hcservices/