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Madras High CourtWP(MD)/14153/2017allowed

Ayyappa Seva Sangam v. The Tahsildar, Karaikudi

2017-08-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.14153 of 2017 and W.M.P(MD)No.11071, 11072 of 2017 Ayyappa Seva Sangam Muthoorani North, Karaikudi Rep.by its Secretary AR.Sethuraman ... Petitioner Vs.

1.The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

2.The Regional Deputy Tahsildar, Karaikudi, Sivagangai District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records relating to the impugned order of the first respondent dated 14.07.2017 served upon on 17.07.2017 u/s 6 of the Tamil Nadu Land Encroachment Act 1905 and quash the same. For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.T.S.Mohammed Mohideen, AGP

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner challenges the order dated 14.07.2017 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The first respondent had earlier issued notice under Section 7 of the Act. The writ petitioner has submitted his explanation in respect of the same. But, even without referring to the said objection, the impugned order has been passed mechanically. The impugned order is more a stereo typed repetition of the statutory grounds. Therefore, on this ground, https://hcservices.ecourts.gov.in/hcservices/

the impugned order is set aside and the matter is remitted back to the first respondent, with liberty to pass fresh orders in accordance with law.

2.This writ petition is allowed as indicated above. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

2.The Regional Deputy Tahsildar, Karaikudi, Sivagangai District.

+One cc to The Special Government Pleader, SR.No.73904 +One cc to Mr.R.Sundar Srinivasan, Advocate, SR.No.73411 sss RL/5C/2P/KP/SAR1/14/11/2017 W.P(MD)No.14153 of 2017 and W.M.P(MD)No.11071, 11072 of 2017 21.08.2017 https://hcservices.ecourts.gov.in/hcservices/