Madras High CourtWP(MD)/14348/2017allowed

Bala Subramani v. The District Collector

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14348 of 2017 and W.M.P.(MD).No.11239 of 2017 Bala Subramani .. Petitioner Vs.

1. The District Collector, Dindigul District.

2. The Revenue Divisional Officer, Dindigul District.

3. The Tahsildar, Athur Taluk, Dindigul District.

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

5. The Revenue Inspector, Chinnapatty, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified calling for the records relating to the proceedings of the Impugned Order in Na.Ka.No.4885/15/A2 dated 07.07.2017 on the file of the third respondent and quash the same.

For petitioner : Mr.R.Maheswaran For R1 to R3 & R5 : Mr.M.Govindan Special Government Pleader For R5 : Mr.Aayiram K Selvakumar

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The Writ Petitioner challenges the notice dated 07.07.2017 issued by the third respondent calling upon the writ petitioner to remove the encroachments in question.

https://hcservices.ecourts.gov.in/hcservices/

2.It is seen that the impugned order has been straight away passed without hearing the writ petitioner. The impugned order is therefore quashed on the ground of violation of the principles of natural justice. The matter is remitted to the file of the third respondent with liberty to proceed in accordance with law. 3.This writ petition is allowed as indicated above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To: