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Madras High CourtWP(MD)/11561/2017allowed

Bala Subramani, v. The Executive Officer,

2017-07-13Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11561 of 2017 and W.M.P(MD).No.8908 of 2017 Bala Subramani .. Petitioner Vs.

1.The Executive Officer, Chinnalapatty Town Panchayat, Chinnalapatty, Dindigul District.

2.The Assistant Director of Town Panchayat, Collectorate Office, Dindigul District.

3.V.Sentheepan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the proceedings of the Impugned Notice in Na.Ka.432/2017/, dated 13.06.2017 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.Robert Chandrasekar for Mr.G.Prabhu Rajadurai For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader for R.1 and R.2 : Mrs.Saranya for Mr.N.Sathish Babu for R.3

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] Notice issued by the first respondent for eviction is under challenge on the ground that the Executive Officer has no jurisdiction for issuance of such notice.

2.When the Writ Petition was taken up for consideration, the learned Government Pleader submitted that the Tahsildar is the competent authority to issue notice for eviction. https://hcservices.ecourts.gov.in/hcservices/

3.It is open to the competent Authority to issue notice and pass appropriate orders on merits and as per law. 4.The impugned order is quashed, with liberty to the competent Authority to initiate action.

5. The Writ Petition is allowed as indicated above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd /- ASSISTANT REGISTRAR(CS-I) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Executive Officer, Chinnalapatty Town Panchayat, Chinnalapatty, Dindigul District.

2.The Assistant Director of Town Panchayat, Collectorate Office, Dindigul District.

+1 CC TO MR.G.PRABHU RAJADURAI, ADVOCATE,SR NO.65439 +1 CC TO MR.N.SATHIS BABU, ADVOCATE,SR NO.65507 +1 CC TO MR.T.S.MOHAMMED MOHIDEEN, ADVOCATE,SR NO.65175 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.65681 ssl/dsk MAS/GT/SAR2:25.07.2017:2P-7C W.P.(MD)No.11561 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/