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Madras High CourtWP(MD)/12960/2017allowed

Muthukrishnan v. The District Collector

2017-08-22Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12960 of 2017 and W.M.P.(MD)No.10047 of 2017 Muthukrishnan .. Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The Block Development Officerr, (Village Panchayat), Panchayat Union, Palani, Dindigul District. .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records on the file of the 2nd respondent pertaining to its order bearing Na.Ka.No. 466/2017/B6 dated 27.06.2017 and to quash the same as illegal.

For petitioner : Mr.S.C.Herold Singh For 1st Respondent : Mr.M.Govindan Special Government Pleade For 2nd Respondent : No appearance

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner challenges the order dated 27.06.2017 issued by the second respondent herein.

2.The second respondent has called upon the writ petitioner to remove the encroachment in question. But, the said order has been issued without following the principles of natural justice. 3.The writ petitioner was not put on notice before passing the impugned order. Therefore, the impugned order dated 27.06.2017 in the writ petition is quashed. The matter is remitted to the https://hcservices.ecourts.gov.in/hcservices/

file of the second respondent to proceed afresh in accordance with law.

4.The writ petition is allowed as indicated above. No costs. Consequently, connected W.M.P.(MD)No.10047 of 2017 is closed.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Dindigul, Dindigul District.

2.The Block Development Officerr, (Village Panchayat), Panchayat Union, Palani, Dindigul District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 74434 +1cc to Mr.S.C.HEROLD SINGH Advocate in SR. No. 73760 VSG.RMI JS/SV.MMS/SAR.2/6.11.2017/2P-5C W.P(MD)No.12960 of 2017 and W.M.P.(MD)No.10047 of 2017 22.08.2017 https://hcservices.ecourts.gov.in/hcservices/