J.Subramanian, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7506 of 2017 and W.M.P.(MD) No.5869 of 2017 J.Subramanian ... Petitioner Vs.

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Special Tahsildar, Aadhi Dravidar Welfare Department, Nanguneri, Tirunelveli District.

3. The Revenue Inspector, Ervadi, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned notice dated 12.04.2017 passed by the second respondent and quash the same as illegal. For Petitioner : Mr.N.Sankar Ganesh For Respondents : Mr.M.Govindan, Spl.G.P.

O R D E R

Order of the Court was made by G.R.SWAMINATHAN, J. The third respondent, the Revenue Inspector, Ervadi issued notice under Section 7 of Tamil Nadu Land Encroachment Act, 1905 on 08th February, 2017 calling upon the writ petitioner to show cause as to why he should not be evicted from the subject premises.

https://hcservices.ecourts.gov.in/hcservices/ 2.In response thereto, the writ petitioner submitted his explanation and the same was also received by the third respondent

on 13th February 2017. But, without any consideration of the explanation submitted by the writ petitioner, the third respondent has passed the impugned order under Section 6 of the Act on 12th April 2017.

3.We set aside the impugned order on the sole ground of non consideration of the explanation submitted by the writ petitioner. The matter is remitted to the file of the third respondent. The writ petitioner is given liberty to submit his further representation and documents, if any, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the third respondent shall consider the same and pass final orders in accordance with law and on merits. The statusquo as on date shall be maintained till passing of final order. 4.Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Special Tahsildar, Aadhi Dravidar Welfare Department, Nanguneri, Tirunelveli District.

3. The Revenue Inspector, Ervadi, Tirunelveli District.

+1 cc to Mr.N.Sankar Ganesh , Advocate in SR.No. 63757 Arul AE/MR KKR/SAR3/11.07.2017/2P/5C W.P(MD)No.7506 of 2017 and W.M.P.(MD) No.5869 of 2017 04.07.2017 https://hcservices.ecourts.gov.in/hcservices/