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Madras High CourtWP(MD)/1323/2017allowed

Ummahuludhum v. The Executive Officer

2017-07-12Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1323 of 2017 and W.M.P(MD)No.1105 of 2017 Ummahuludhum .. Petitioner Vs.

The Executive Officer, Selection Grade Town Panchayat, Adirampattinam, Pattukkottai, Thanjavur 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 relating to the impugned order in Na.Ka.No.248 of 2016 A2 dated 09.01.2017 passed by the respondent herein and quash the same. For petitioner : Mr.P.Vadivel For Respondent : Mr.D.Muruganantham Additional Government Pleader

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The respondent passed an order of eviction against a dead person and served the order on the legal representatives. The order is under challenge at the instance of the legal representative. 2.Since the respondent has not given notice to the legal respresentatives of the deceased encroacher, the impugned order is liable to be set aside.

3. In the result the impugned order is set aside. The writ petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To:

The Executive Officer, Selection Grade Town Panchayat, Adirampattinam, Pattukkottai, Thanjavur District.

+ 1 CC TO Mr.P.VADIVEL, ADVOCATE IN SR No. 64927 RJ2/PSD/TSG TE/KP/SAR-I : 17/07/2017 : 2P/3C ORDER MADE in W.P(MD)No.1323 of 2017 and W.M.P(MD)No.1105 of 2017 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/