Madras High CourtWP(MD)/17128/2017allowed

Lakshmanan, v. The District Collector

2017-09-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17128 of 2017 and W.M.P.(MD).No.13709 of 2017 Lakshmanan .. Petitioner Vs.

1.The District Collector, Collectorate, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District, 3.The Revenue Inspector, Thayamangalam, Ilayangudi Taluk, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice dated 12.08.2017, issued by the third respondent and quash the same.

For petitioner : Mr.P.R.Prithiviraj For respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] Notice issued by the third respondent calling upon the petitioner to show cause as to why he should not be evicted, which was issued after the expiry of time prescribed for submitting objections, is under challenge in this Writ Petition.

2. We have heard the learned Counsel for the petitioner and the learned Additional Government Pleader for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. Notice impugned in this Writ Petition is only a show cause notice. Even though the petitioner was given notice on 12.08.2017, it was despatched only on 04.09.2017. The third respondent was not correct in sending the notice dated 12.08.2017, after considerable delay.

4. We, therefore, deem it fit to extend the time for filing objections. The petitioner is given time till 30-September-2017 for filing objections to the notice dated 12.08.2017. The third respondent is directed to consider the objection and thereafter pass appropriate orders on merits and as per law.

5. The Writ Petition is allowed as indicated above. No costs. Consequently the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Collectorate, Sivagangai.

2.The Tahsildar, Ilayangudi Taluk, Sivagangai District, 3.The Revenue Inspector, Thayamangalam, Ilayangudi Taluk, Sivagangai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 78363 +1cc to Mr.O.SIVAKUMAR Advocate in SR. No. 77770 KM/SSL JS/JC/SAR.2/12.10.2017/2P-6C ORDER MADE IN W.P.(MD)No.17128 of 2017 and W.M.P.(MD).No.13709 of 2017 11.09.2017 https://hcservices.ecourts.gov.in/hcservices/