Madras High CourtWP(MD)/16717/2017allowed

P.Karuppiah, v. The District Collector

2017-09-05Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16717 of 2017 and W.M.P(MD).No.13321 of 2017 P.Karuppiah : Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

3.The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records on the file of the second respondent in connection with the impugned order passed in his proceedings in Na.Ka.No.2163/2014/F1, dated 21.08.2017 and quash the same as arbitrary.

For Petitioner : Mr.G.Thalaimutharasu For R.1 & R.3 : Mr.T.S.Md.Mohideen Additional Government Pleader For Respondent No.2 : Mr.N.Dilip Kumar https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petition is taken up for final disposal with the consent of both parties at the admission stage itself. In this writ petition, the writ petitioner questioned the notice dated 21.08.2017, issued by the second respondent / The Commissioner, Rajapalayam Municipality, Rajapalayam, calling upon the writ petitioner to remove the encroachments in question. 2.It is seen that the notice is in the form of final order. They are clearly violative of the principles of natural justice. 3.We, therefore, quash the same and the matter is remitted to the file of the second respondent to proceed afresh in accordance with law.

4.This Writ Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

3.The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

+One cc to M/s.G.Thalaimutharasu, Advocate, SR.No.76944 +One cc to M/s.N.Dilipkumar, Advocate, SR.No.77010 +One cc to The Special Government Pleader, SR.No.76965 tsg RL/7C/2P/JC/SAR1/22/9/2017 Order made in W.P.(MD)No.16717 of 2017 and W.M.P(MD).No.13321 of 2017 dated: 05.09.2017 https://hcservices.ecourts.gov.in/hcservices/