Meeran Mydeen v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.913 of 2016 and W.M.P.(MD)Nos.698 & 699 of 2016 Meeran Mydeen ... Petitioner Vs.
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Revenue Divisional Officer, Cheranmahadevi Taluk, 3.The Chief Executive Engineer, Highway Department,
4. The Assistant Executive Engineer, Highway Department, Ambasamuduram Taluk, 5.Inspector of Highway Department, Ambasamudram Taluk,
6. The Thasildhar, Ambasamudram Taluk, Tirunelveli District, Tirunelveli. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the 4th respondent made in proceedings No.Thakkithu.No.100/2014/A1 dated 08.01.2016 and to quash the same and to direct the respondents to refrain from demolishing the building and evicting the petitioner without
following the legal requirements of Law.
For Petitioner : Mr.S.Balakarthick For Respondents 1 to 6 : Mr.M.Govindan Special Government Pleader
O R D E R
*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner challenges the communication dated 08.01.2016 issued by the fourth respondent, calling upon the writ petitioner to remove the encroachment in question. 2.Admittedly, there is no prior notice issued to the writ petitioner. Hence, the communication impugned in this writ petition shall be treated as a show cause notice. The writ petitioner is given time to offer his explanation till 04.10.2017. On receipt of explanation from the petitioner, the fourth respondent shall follow the statutory procedure and pass final orders in accordance with law. If the petitioner fails to submit his objection as indicated above, the fourth respondent shall proceed to pass final orders.
3.This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Revenue Divisional Officer, Cheranmahadevi Taluk,
3. Chief Executive Engineer, Highway Department,
4. Assistant Executive Engineer, Highway Department, Ambasamuduram Taluk,
5. Inspector of Highway Department, Ambasamudram Taluk,
6. The Thasildhar, Ambasamudram Taluk, Tirunelveli District, Tirunelveli.
+1cc to Mr.S.Krishnan, Advocate in SR.No.77272 +1cc to The Special Government Pleader in SR.No.77926 rmi AE/JC/SAR2/21.09.2017/3P/9C ORDER MADE IN W.P.(MD)No.913 of 2016 and W.M.P.(MD)Nos.698 & 699 of 2016 07.09.2017