Murugesan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2016 CORAM :
THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO and THE HONOURABLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD) No.15209 of 2016 and W.M.P(MD)No.11207 of 2016 Murugesan ... Petitioner Vs.
1.The District Collector, Thoothukudi District.
2.The Block Development Officer, Karunkulam Panchayat Union, Seithunganallur, Srivaikundam Taluk, Thoothukudi District.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Notice issued by the 2nd respondent in T3/888/2015 dated 04.08.2016 and quash the same.
For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader.
ORDER
(Order of the Court was made by NOOTY.RAMAMOHANA RAO,J) Challenging the notice issued on 04.08.2016 by Karunkulam Panchayat Union, the writ petitioner approached this Court.
2.It is alleged that the petitioner has occupied an extent of 0.00.40 sq.mts of land lying in survey No.1988/18. It is also an assertion of the local panchayat that the land in the said survey number is in fact recorded as a road in the revenue records. The writ petitioner has refuted this allegation of the local panchayat on the ground that he never encroached upon any road or road margin and on the other hand, whatever land that he https://hcservices.ecourts.gov.in/hcservices/
has purchased lawfully is in his possession. It is also his assertion that there is no road anywhere close by to the land under his occupation and hence, the assertion that he was in occupation of road or road portion is inaccurate and incorrect. 3.Now that the writ petitioner has submitted his explanation on 06.08.2016, it is wholly appropriate for the respondents to deal with the same first and pass appropriate final order containing reasons for the conclusions drawn by them and communicate the decision taken thereon to the petitioner. It is needless for us to observe that if the petitioner desires to participate in the enquiry, he shall be provided such an opportunity to participate and demonstrate his claim with reference to the material available to him. Till appropriate final decision is taken and communicated to the petitioner, the threatened eviction of the petitioner shall not be carried out. 4.With the above observation, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)No.11207 of 2016 is closed.
Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Thoothukudi District.
2.The Block Development Officer, Karunkulam Panchayat Union, Seithunganallur, Srivaikundam Taluk, Thoothukudi District.
+1 cc to M/s.M.R.Sreenivasan, Advocate in SR.No.45442 +1 cc to The Special Government Pleader in SR.No. 46137 sms CSL/PV/29.08.2016: 2P/5C Writ Petition (MD) No.15209 of 2016 and W.M.P(MD)No.11207 of 2016 18.08.2016 https://hcservices.ecourts.gov.in/hcservices/