Madras High CourtWP(MD)/15423/2016allowed

T.Nambiraj v. The Tashildhar

2017-08-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15423 of 2016 and W.M.P.(MD)No.11358 of 2016 T.Nambiraj .. Petitioner Vs.

1. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

2. The Zonal Deputy Tashildar, Radhapuram Taluk, Tirunelveli 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 the Proceeding of Impugned Notice which issued by the second respondent dated 05.08.2016 and quash the same as illegal.

For Petitioner : Mr.G.V.Vairam Santhosh For Respondents : Mr.M.Govindan Special Government Pleader

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J) The writ petitioner challenges the order dated 05.08.2016 issued by the second respondent herein.

2.The impugned order has been issued under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. The writ petitioner has specifically taken a ground that the impugned order has been straight away passed without consideration of his explanation. 3.We find force of the contention of the writ petitioner. The order impugned in this writ petition has been passed in stereo typed manner. There is no reference to the earlier notice under Section 7 of the Act or to the explanation said to have been given by the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner.

We therefore, quash the impugned order dated 05.08.2016. The matter is remitted to the file of the second respondent. The second respondent is at liberty to pass fresh orders in accordance with law.

4.The writ petition stands allowed as indicated above. No costs. Consequently, the miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

2. The Zonal Deputy Tashildar, Radhapuram Taluk, Tirunelveli District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 76004 MRN TE/SKN/SAR-IV : 26/10/2017 : 2P/4C Order made in W.P.(MD)No.15423 of 2016 and W.M.P.(MD)No.11358 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/