Nambithai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4735 of 2017 and W.M.P.[MD].No.3786 of 2017 Nambithai : Petitioner Vs.

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

3. The Executive Officer, Anjugramam Town Panchayat, Kanyakumari District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned notice in No.53/2016, dated 13.01.2017 passed by the third respondent and notice in Na.Ka.No.53/2016, dated 09.03.2017 and quash the same.

For petitioner : Mr.T.selvakumaran For R1 & R2 : Mr.T.S.Mohamad Mohideen Additional Government Pleader For R3 : Mr.C.Prithiviraj for Mr.C.Selvaraj

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN,J.] The petitioner filed this writ petition to issue a Writ of Certiorari to call for the records relating to the impugned notice in No.53/2016, dated 13.01.2017 passed by the third respondent and notice in Na.Ka.No.53/2016, dated 09.03.2017 and quash the same. https://hcservices.ecourts.gov.in/hcservices/

2.The writ petitioner has questioned the order dated 13.01.2017 and 09.03.2017, whereby the third respondent has peremptorily directed the writ petitioner to vacate the premises in question.

3.No doubt, the writ petitioner has been given time to vacate the premises. But that would not meet the requirement of law. The third respondent must issue a proper show cause notice, hear the objection of the writ petitioner and thereafter only pass any order. Since that has not been done, we are inclined to quash both the impugned orders. The matter is remitted back to the file of the third respondent with liberty to proceed afresh in accordance with law.

4.The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

3. The Executive Officer, Anjugramam Town Panchayat, Kanyakumari District.

+1cc to Mr.T.Selvakumaran, Advocate in SR.No.66777 +1cc to The Special Government Pleader in SR.No.67319 akv/tsg AE/MR KKR/SAR3/31.07.2017/2P/6C Order made in W.P(MD)No.4735 of 2017 and W.M.P.[MD].No.3786 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/