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Madras High CourtWP(MD)/15694/2016allowed

Seyed Rahil Beevi, W/O.Ashrub v. The District Collector,

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)Nos.15694 and 15560 of 2016 and W.M.P.(MD)Nos.11520, 11521, 11432 and 11433 of 2016 Seyed Rahil Beevi .. Petitioner in W.P.(MD)No.15694 of 2016 K.S.Fathima Bathool .. Petitioner in W.P.(MD)No.15560 of 2016 Vs.

1. The District Collector, Thuthukudi District Thuthukudi District.

2. The Commissioner, Kayalpattinam Municipality, Thothukudi District.

..Respondents in W.P(MD)Nos.15694 and 15560 of 2017 PRAYER in W.P.(MD)Nos.15694 and 15560 of 2017: Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the second respondent dated 09.08.2016 and quash the same as illegal.

For Petitioners : Mr.M.Mahaboob Athiff For M/s.Ajmal Associates For Respondent No.1 : Mr.M.Govindan Special Government Pleader For Respondent no. 2 : Mr.M.Rajarajan

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J) Both the writ petitions challenged the order dated 09.08.2016, issued by the second respondent herein.

2.The impugned communication suffers from a two fold vice. The communication calling upon the writ petitioners to remove the encroachment in question has been issued in violation of the principles of natural justice. The second respondent gave merely https://hcservices.ecourts.gov.in/hcservices/

three days time for removal of encroachment. We therefore quash the order impugned in these writ petitions. The matters are remitted to the file of the second respondent with liberty to proceed afresh in accordance with law.

3.The Writ petitions are disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thuthukudi District Thuthukudi District.

2. The Commissioner, Kayalpattinam Municipality, Thothukudi District.

+1cc to Spl.Government Pleader Sr.No.76000,76118 +2cc to M/s.Ajmal Associates Sr.No.75903,75904 MRN VB/KK/SAR3/26/10/2017/2P/6C Order made in W.P.(MD)Nos.15694 and 15560 of 2016 and W.M.P.(MD)Nos.11520, 11521, 11432 and 11433 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/