Madras High CourtWP(MD)/16505/2017allowed

Dhanaraj, v. The Assistant Divisional

2017-09-01Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.16505 to 16510 of 2017 and all the connected miscellaneous petitions Dhanaraj ... Petitioner in W.P.16505/2017 Rajendran ... Petitioner in W.P.16506/2017 Kannaki ... Petitioner in W.P.16507/2017 D.Rajendran ... Petitioner in W.P.16508/2017 Pandiyan ... Petitioner in W.P.16509/2017 Murugan ... Petitioner in W.P.16510/2017 Vs.

The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance) Peravurani, Thanjavur District.

... Respondents in all petitions Common Prayer : Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders dated 18.08.2017 passed by the respondent herein and quash the same and consequently direct the respondent to hear the respective petitioners by issuing show cause notice regarding the alleged encroachment.

For Petitioners : Mr.D.R.Murugesan in all W.Ps For Respondent : Mr.T.S.Mohammed Mohideen, AGP in all W.Ps COMMON O R D E R (Order of the Court was made by G.R.SWAMINATHAN, J.) In all these writ petitions, the communications dated 18.08.2017 issued by the respondent calling upon the petitioners to remove the various encroachments made in Pattukottai - Peravurani - Aranthangi Road, MDR 653 KM are under challenge. https://hcservices.ecourts.gov.in/hcservices/

2.It is obvious from a mere reading of the impugned communication that it has not been issued in compliance with the principles of natural justice.

3.Therefore, this Court quashes the same. The respondent is however at liberty to proceed again the matter afresh in accordance with law.

4.These writ petitions are allowed as indicated above. No costs. Consequently, all the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance) Peravurani, Thanjavur District.

+1cc to Special Government Pleader, SR.Nos.76651, 76652, 76656 to 76659 +6cc to M/S.D.R.Murugesan, Advocate SR.Nos. 75895 to 75900 W.P(MD)Nos.16505 to 16510 of 2017 01.09.2017 skm/Arul JM/SKN RSK/SAR 4/19.09.2017/2P/9C https://hcservices.ecourts.gov.in/hcservices/