Natarajan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14633 of 2017 and W.M.P.(MD).No. 11473 of 2017 Natarajan .. Petitioner Vs.

1. The Tahsildar, Marungapuri Taluk, Trichy District.

2. Rasu .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records in impugned notice issued by the 1st respondent in Na.Ka.No.A10/ 3945/2017, dated 01.08.2017 and quash the same as illegal. For petitioner : Mr.P.Ganapathi Subramanian For respondent R1 : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner challenges the order dated 01.08.2017, issued by the Thasildar, Marungapuri Taluk, Trichy District. The first respondent has issued the impugned order calling upon the writ petitioner to remove the encroachment in question, without even issuing a prior show cause notice.

2. Thus, on the ground of violation of principles of natural justice, the order impugned in this writ petition is quashed. The matter is remitted back to the first respondent to proceed afresh on merits and in accordance with law.

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3. The writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petitioner is closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To:

The Tahsildar, Marungapuri Taluk, Trichy District.

+ 1 CC TO Mr.P.GANAPATHI SUBRAMANIAN, ADVOCATE IN SR No. 70926 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 70987 KM TE/SKN-RSK/SAR-II : 28/08/2017 : 2P/4C ORDER MADE IN W.P.(MD)No.14633 of 2017 and W.M.P.(MD).No.11473 of 2017 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/