Madras High CourtWP(MD)/12777/2017disposed of

M.Sabeena Begum, v. The District Collector,

2017-07-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12777 of 2017 and W.M.P.(MD)No.9879 of 2017 M.Sabeena Begum .. Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Assistant Director(Panchayat), District Collector Office, Trichy, Trichy District.

3.The Commissioner, (Village Panchayat), Special Officer & Panchayat Union, 4.The Block Development Officer, O/o the BDO Office, 5.The Secretary, Puthanatham, Manapparai Taluk, 6.The Tahsildar, 7.S.Abdul Pari .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned order issued by the fourth respondent in his

proceedings e.f.M.3/771/2017 dated 18.05.2017 and quash the same as illegal insofar as it relates to the petitioner is concerned. For petitioner : Mr.B.Anandan For respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader for R.1 to R.6

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The Writ Petitioner has challenged the order dated 18.05.2017, passed by the Block Development Officer, in Na.Ka.Aa3/771/2017, calling upon the Writ Petitioner to remove the encroachment in question.

3. It is seen from the very face of the order, without prior notice to the Writ Petitioner, the order in question has been passed. On that sole ground, it is liable to be aside. It is accordingly set aside. The Writ Petition is allowed and the matter is remitted to the file of the competent Authority. It is open to the competent Authority to proceed afresh in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Trichy District, Trichy.

2.The Assistant Director(Panchayat), District Collector Office, Trichy, Trichy District.

3.The Commissioner, (Village Panchayat), Special Officer & Panchayat Union, 4.The Block Development Officer, O/o the BDO Office, Manapparai, Trichy District.

5.The Secretary, Puthanatham, Manapparai Taluk, 6.The Tahsildar, +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.64931 +1cc to Mr.B.ANANDAN Advocate in SR. No.64751 SSL/DSK JS/MR.KKR/SAR.2/19.7.2017/3P-9C W.P.(MD)No.12777 of 2017 11.07.2017