M.Balakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.17095 of 2019 and W.M.P.(MD)No.13631 of 2019 M.Balakrishnan : Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Municipal Corporation, Office of Municipal Corporation Zone-2, Madurai.

3. The Tahsildar, Madurai North Taluk, Madurai.

4. The Town Survey Officer, Madurai Corporation, Madurai.

: Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records of the impugned order in Na.Ka.No.MSC/Package-6/18-19, dated 19.07.2019 issued by the second respondent and quash the same as devoid of merits.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

[Order of the Court was made by K.RAVICHANDRABAABU, J.] This writ petition is filed challenging the proceedings, dated 19.07.2019, issued by the second respondent, wherein and whereby the petitioner was called upon to give explanation as to why the encroachment alleged to have been made by the petitioner in the property referred to in the said notice shall not be removed. https://hcservices.ecourts.gov.in/hcservices/

2.Heard both sides.

3.Though this writ petition is filed by raising very many contentions on the merits of the claim made by the petitioner, we are not inclined to entertain the same for the simple reason that the challenge made in this writ petition is only against the show cause notice. Therefore, it is for the petitioner to give explanation to the said notice by raising all the contentions. Accordingly, the petitioner shall give explanation to the impugned show cause notice itself within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the concerned authority shall pass orders on merits and in accordance with law, as this Court is not expressing any view on the merits of the claim made by the petitioner.

4.The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Madurai Municipal Corporation, Office of Municipal Corporation Zone-2, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai.

4.The Town Survey Officer, Madurai Corporation, Madurai.

+1 CC to MR.A.HAJA MOHIDEEN, Advocate (SR-79562[F] dated 02/08/2019 ) W.P.(MD)No.17095 of 2019 02.08.2019 RJ2 MK (14.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/