Mayan. A v. The District Forest Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)Nos.15283 and 15284 of 2022 and W.M.P.(MD)Nos.10941 and 10942 of 2022 W.P.(MD)No.15283 of 2022:- A.Mayan ... Petitioner Vs.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certioari to call for the impugned show cause notice on the file of the second respondent, dated 30.06.2022 issued by by him to the petitioner as encroacher and quash the same as illegal and without jurisdiction.
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W.P.(MD)No.15284 of 2022:- M.Mariyammal ... Petitioner Vs.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certioari to call for the impugned show cause notice on the file of the second respondent, dated 30.06.2022 issued by by him to the petitioner as encroacher and quash the same as illegal and without jurisdiction.
For Petitioner :Mr.B.Chandran For R1 and R2 :Mr.T.Amjad Khan Government Advocate (in both cases) *** COMMON ORDER (Common Order of the Court was made by S.S.SUNDAR, J.) These Writ Petitions have been filed by the husband and wife challenging the impugned notices, stated to have been issued as a show cause notice under Rule 68-A of the Tamil Nadu Forest Lands (Removal of encroachments) Rules, 1981.
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2.Heard Mr.B.Chandran, learned Counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who takes notice on behalf of the respondents. By consent of both parties, these Writ Petitions are taken up for final disposal at the admission stage itself. 3.The show cause notices issued to the petitioners are bereft of any particulars, ie., the survey fields or the extent of encroachment. Though these notices are described as show cause notice, by which the petitioners were directed to submit their explanation, this Court is unable to consider the same as a proper show cause notice, which is contemplated under the relevant statue. Hence, these Writ Petitions are liable to be allowed and accordingly, allowed and the impugned show cause notices, dated 30.06.2022 are quashed.
4.The learned Government Advocate submits that the petitioners have encroached the public land and therefore, the respondents may be directed to proceed further in accordance with law. The respondents shall conduct survey after issuing notice to the petitioners or any other persons interested and after identifying the encroachment, if any, it is open to the respondents to proceed further for removal of encroachment after issuing a show cause notice giving particulars relates to encroachment. After hearing the objections of the 3/5
petitioners in response to the show cause notice, it is open to the respondents to pass final orders and take further action for removal of encroachment. No costs. Consequently, connected miscellaneous petitions are closed.
[S.S.S.R., J.] [S.S.Y., J.] 14.07.2022 Index : Yes / No cmr To 4/5
S.S.SUNDAR, J.
and S.SRIMATHY , J.
cmr W.P(MD)Nos.15283 and 15284 of 2022 14.07.2022 5/5