Rajalakshmi Seethapathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD) No.14526 of 2025 and W.M.P.(MD) Nos.10744 and 10745 of 2025 Rajalakshmi Seethapathi ... Petitioner vs.
1.The District Collector, District Collectorate Complex, Dindigul District.
2.The Executive Engineer & Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai 16.
3.The Commissioner, Dindigul Corporation, Dindigul District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the 1/5
impugned notice vide Na.Ka.No.3981/2024/F3 dated 25.04.2025 made by the 3rd respondent and quash the same as illegal and arbitrary. For Petitioner : Mr.M.Rajarajan For R1 : Mr.A.Baskaran Additional Government Pleader For R2 : Mr.R.Sivakumar
ORDER
(Order of the Court was made by S.SRIMATHY, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.The notice issued by the third respondent dated 25.04.2025 is under challenge in this Writ Petition.
3.The learned counsel appearing for the petitioner would submit that without providing any opportunity of hearing to the petitioner, the impugned eviction notice has been issued, which is in violation of principles of natural justice. Challenging the same, the petitioner has filed the present Writ Petition. 2/5
4.Mr.A.Baskaran, learned Additional Government Pleader, for the first respondent and Mr.R.Sivakumar, learned Standing Counsel, for the second respondent would submit that the present impugned notice may be treated as show cause notice, for which, the petitioner may give her explanation and on receipt of the same, necessary orders would be passed. 5.In view of the above, the impugned eviction notice dated 25.04.2025 issued by the third respondent is treated as show cause notice and the petitioner is directed to submit her explanation/objection to the same, enclosing all the relevant materials to substantiate her claim within a period of three weeks from the date of receipt of a copy of this order.
On receipt of such explanation/objection, the authority concerned is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity to all the parties concerned within a period of eight weeks thereafter. If there is any encroachment in the place in question, the same shall be removed by the authority concerned by following due process of law.
6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes mm To The District Collector, District Collectorate Complex, Dindigul District.
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S.SRIMATHY , J.
and R.VIJAYAKUMAR , J.
mm ORDER MADE IN W.P(MD) No.14526 of 2025 DATED : 21.05.2025 5/5