Amaravathi @ Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13500 of 2025 and W.M.P.(MD)Nos.9728 & 9729 of 2025 Amaravathi @ Selvam ... Petitioner -Vs1.The District Collector, Collector Office, Dindigul-624004.

2.The Revenue Divisional Officer, Spencer Compound, Dindigul-624001.

3.The Tahsildar, Athoor Taluk, Dindigul.

4.The Executive Officer, Ayyampalayam Town Panchayat, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice Na.Ka.No.153/2025/A, dated 25.03.2025 issued by the 4th respondent and quash the same as illegal, null and void and against principles of natural justice.

For Petitioner : Mr.S.Manohar For R1 to R3 : Mr.J.Ashok, Additional Government Pleader For R4 : Mrs.D.Farjana Ghoushia, Special Government Pleader

ORDER

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

2.The petitioner has filed this Writ Petition, challenging the eviction order issued by the 4th respondent dated 25.03.2025. 3.The learned counsel appearing for the petitioner would submit that before issuing the eviction order, the 4th respondent has not issued any show cause notice. Therefore, the same is liable to be set aside. 4.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the 4th respondent, submits that the present impugned order may be treated as show cause notice, for which, the petitioner may give her explanation and on receipt of the same, necessary orders would be passed.

5.In view of the above, the impugned eviction order dated 25.03.2025 shall be treated as show cause notice and the petitioner is directed to give her explanation / objection to the same, enclosing all the relevant materials to substantiate her claim within a period of three weeks from the date of receipt of a copy of this order. On receipt of such explanation / objection, the authority concerned is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity to the petitioner within a period of four weeks thereafter. If there is any encroachment in the place in question, the same shall be removed by the authority concerned by following due process of law.

6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B., J.] & [S.S.Y., J.] 30.04.2025 NCC : Yes / No Index : Yes / No Yuva

To 1.The District Collector, Collector Office, Dindigul-624004.

2.The Revenue Divisional Officer, Spencer Compound, Dindigul-624001.

3.The Tahsildar, Athoor Taluk, Dindigul.

4.The Executive Officer, Ayyampalayam Town Panchayat, Dindigul District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13500 of 2025 30.04.2025