Madras High CourtWP(MD)/17011/2016allowed

Karuppasamy, v. The Block Development Officer

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17011 of 2016 and W.M.P(MD)Nos.12337, 12338 of 2016 & 1653 of 2017 Karuppasamy ... Petitioner Vs.

1.The Block Development Officer, Karungulam Panchayat Union, Seithunagnallur, Thoothukudi District.

2.The President, Alantha Village Panchayat, Karungulam Panchayat Union, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the impugned notice issued by the 1st respondent vide A4/2092/2016 dated 19.08.2016 and the impugned communication sent by the 1st respondent to the 2nd respondent in A4/2092/2016 dated 19.08.2016 and quash the both as illegal. For Petitioner : Mr.A.S.Vaigunth For R-1 : Mr.M.Govindan, Special Government Pleader.

For R-2 : Mr.B.S.Meltiue

JUDGMENT

************* [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The Writ petitioner challenges the proceedings dated 19.08.2016 issued by the first respondent herein. It is seen that the subject matter pertains to pathway encroachment.

2.The first respondent has, however, passed an order straight away without complying with the principles of natural justice. https://hcservices.ecourts.gov.in/hcservices/

3. We, therefore, permit the Writ petitioner to treat the

impugned order as a show cause notice and not as a final order. The Writ Petitioner is given time, till 20.10.2017, to submit his objection. The first respondent shall consider the same and pass final orders on merits and in accordance with law. 4.The Writ petition is allowed, as indicated above. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar To:

The Block Development Officer, Karungulam Panchayat Union, Seithunagnallur, Thoothukudi District.

+1cc to Mr.G.THALAI MUTHUARASU Advocate in SR. No. 76310 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 75998 KM/DSS JS/KP/SAR.2/5.10.2017/2P-4C W.P.(MD)No.17011 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/