Madras High CourtWP(MD)/1322/2017disposed of

N.Abdul Ajeez, 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.1322 of 2017 and W.M.P(MD)No.1104 of 2017 N.Abdul Ajeez .. 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.248/2016 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 : Mr.V.Ramalingam Advocate Commissioner

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The order directing eviction of the petitioner from the property bearing New Door No.35/1, Old No.9/1, New Street(Northern side), Athirampattinam, Pattukkottai Taluk, Thanjavur District, is under challenge, primarily on the ground that notice was not issued before passing such an order involving civil consequences. 2.The order passed by the respondent does not contain any indication that notice was issued to the petitioner and an opportunity of hearing was given to him. The respondent in a matter of this nature must follow the principles of natural justice. Since no such effort was taken by the respondent before passing the impugned order, we setaside the order dated 09.01.2017 and remit the matter for fresh consideration. It is open to the respondent to issue notice to the petitioner and pass appropriate https://hcservices.ecourts.gov.in/hcservices/

orders on merits. It is needless to point out that reasonable opportunity should be given to the petitioner to place materials in support of his contention that he is not an encroacher. 3.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

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

+1 CC to M/s.P.VADIVEL, Advocate, SR No. 64926. RJ2/PSD/TSG PSM/SKN-RSK/SAR1/21.07.2017/2P/3C ORDER MADE IN W.P(MD)No.1322 of 2017 and W.M.P(MD)No.1104 of 2017 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/