K.Andiappan, S/O.Kandasamy, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14929 of 2016 and W.M.P.(MD)Nos.11004 & 11005 of 2016 K.Andiappan ... Petitioner Vs.
1. The District Collector, Dindigul District, Dindigul.
2. The Divisional Engineer, Highways Departments, Palani Division, Vedasandoor Sub Division, Palani,
3. The Assistant Director of Panchayat, Dindigul District, Dindigul.
4. The Block Development Officer, Vedasandoor Panchayat Union,
5. The Tahsildar, Vedasandoor,
6. The President, Kovillor Village Panchayat, Vedasandoor Panchayat Union, Dindigul District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notices dated 20.07.2016 and 29.07.2016 of the 6th respondent and quash the same and consequently direct the 6th respondent not to demolish the shop of the petitioner on the basis of the notices without following due process of law.
For Petitioner : Mr.Niranjan.S.Kumar For Respondents 1 to 5 : Mr.M.Govindan Special Government Pleader For 6th Respondent : Mr.K.P.Krishnadoss
O R D E R
*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner challenges the orders dated 20.07.2016 and 29.07.2016 issued by the sixth respondent. It is seen that sixth respondent did not hear the writ petitioner before passing the said orders calling upon the writ petitioner to remove the encroachment in question.
2.The impugned notices are quashed on the ground of the violation of the principles of natural justice. The matter is remitted to the file of the fourth respondent with liberty to proceed afresh in accordance with law.
3.This writ petition is allowed as indicated above. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Dindigul District, Dindigul.
2. The Divisional Engineer, Highways Departments, Palani Division, Vedasandoor Sub Division, Palani,
3. The Assistant Director of Panchayat, Dindigul District, Dindigul.
4. The Block Development Officer, Vedasandoor Panchayat Union,
5. The Tahsildar, Vedasandoor, +1cc to Mr.Niranjan.S.Kumar, Advocate SR.No.75393 +1cc to The Spl.Government Pleader SR.No0.76066 RMI/PSD VB/SV/MMS/SAR2/19/09/2017/2P/8C ORDER MADE IN W.P.(MD)No.14929 of 2016 30.08.2017