Susila v. The Divisional Engineer(Highways)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)15636 and 15637 of 2020 Susila ... Petitioner Vs.

1.The Divisional Engineer(Highways) Madurai-2.

2.The Assistant Divisional Engineer(Highways), Vadipatti, Madurai District.

3.The Assistant Engineer(Highways), Vadipatti Division, Madurai District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned notice in Na.Ka.No.44/2020/EVA, dated 01.12.2020, issued by the second respondent and quash the same as it is arbitrary and illegal.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

(Order of the Court was made by N.KIRUBAKARAN,J) The petitioner has challenged a show cause notice issued by the second respondent, dated 01.12.2020, for removal of unauthorised construction put up by the petitioner.

2. The learned Counsel appearing for the petitioner would submit that the petitioner has put up only a staircase in the drainage channel and she has constructed the building in the land belonging to her.

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3. Though several opportunities were provided to the petitioner, the petitioner has not produced any document available in her favour to show the extent of her property situated in new S.No.22/21 in Kattakulam Village, Vadipatti Taluk and Madurai District.

4. However, the learned Special Government Pleader appearing for the respondents would submit that notice has been issued to the petitioner, on 01.12.2020, by the second respondent and after giving opportunity to the petitioner, the alleged encroachment has been removed by the officials. She has also produced the photographs before this Court to that effect.

5. Recording the submissions made by the learned Special Government Pleader appearing for the respondents, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Divisional Engineer(Highways) Madurai-2.

2.The Assistant Divisional Engineer(Highways), Vadipatti, Madurai District.

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3.The Assistant Engineer(Highways), Vadipatti Division, Madurai District.

+1 cc to The Special Government Pleader Sr.No.26873 21.12.2020 KM (07.01.2021) 3P 5C 3/3