Gunasekaran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2018 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.22449 of 2018 and W.M.P.(MD) No.20313 of 2018 Gunasekaran ... Petitioner vs.
1.
The District Collector, Theni District, Theni.
2.
The Tahsildar Andipatti 3.
The Divisional Engineer, Highways Department Construction and Maintenance 4.
Assistant Divisional Engineer, Highways Department Construction and Maintenance Kadamalaigundu, Andipatti ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records of the fourth respondent in issuance of impugned notice vide F.vz;.Mf;fpukpg;G/2018/m1 ehs; 01.10.2018 and quash the same as illegal and thereby forbear the respondents from in any manner proceeding to demolish a portion of the property comprised in Survey No.1614/9 situated at Subbiahnaicker Street, Kadamalaigundu, Andipatti Taluk, Theni District without following the provisions of the Tamil Nadu Panchayats Act, 1994 and Tamil Nadu Land Encroachment Act.
For Petitioner : Mr.K.Kevinkaran For Respondents : Mr.C.Ramar Additional Government Pleader
O R D E R
(Order of the Court was made by T.RAJA, J.) The present writ petition is directed against the impugned proceedings dated 01.10.2018 issued by the fourth respondent calling upon the petitioner to remove the encroachment made on the highways. 2.Learned counsel for the petitioner, assailing the impugned order, drawing our notice to the same, submitted that when the petitioner has put up his construction in his own land, without there being any notice calling upon the petitioner to submit his explanation for removal of encroachment, the respondents informed the petitioner to evict from the land in question. It is further submitted that there is no measurement has been made. Therefore, he is aggrieved by the same.
3.Learned Additional Government Pleader submitted that survey and measurement have already been made and only thereafter, the present impugned notice has been issued, after noticing that the petitioner has encroached the highway road.
4. Be that as it may, since the action notice has been issued, without issuance of any prior notice to the petitioner, both the petitioner as well as the respondents are directed to treat the impugned proceedings dated 01.10.2018 as a show cause notice, calling upon the petitioner to submit his explanation and the petitioner is given two weeks time to submit his explanation from today and on receipt of the explanation/objection from the petitioner, if any, the fourth respondent shall consider and pass appropriate orders.
5. With the above observation, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-I) To 1.
The District Collector, Theni District, Theni.
2.
The Tahsildar, Andipatti,
3.
The Divisional Engineer, Highways Department Construction and Maintenance 4.
Assistant Divisional Engineer, Highways Department Construction and Maintenance Kadamalaigundu, Andipatti + 1 CC TO Mr.K.KEVIN KARAN, ADVOCATE IN SR No. 94135 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 94444 RR TE/PM/SAR-1 : 13/12/2018 : 3P/7C W.P(MD)No.22449 of 2018 and W.M.P.(MD) No.20313 of 2018 02.11.2018