Savrimuthu.S.M v. The District Collector
W.P.(MD)No.19916 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.19916 of 2020 and W.M.P.(MD)No.16590 of 2020 S.M.Savrimuthu : Petitioner Vs.
1.The District Collector, Office of the District Collector, Trichy District.
2.The Assistant Divisional Engineer, National Highways Department, No.60, Sundarraj Nagar, Highways Colony, Pudukkottai Road, Trichy - 620 020.
3.The Assistant Engineer, National Highways Department, Sector No.2, Trichy City.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents from in any manner proceeding with the removal of encroachment in furtherance of the show cause notice issued by the second respondent dated 05.12.2020 by considering the petitioner's explanation dated 09.12.2020.
For Petitioner: Mr.K.M.Karunakaran For Respondents: Mr.K.P.Krishnadoss, Special Government Pleader *****
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The sum and substance of the grievance of the petitioner is that though a show cause notice has been issued by the second respondent dated 05.12.2020 and a reply was also given by the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.19916 of 2020 petitioner on 09.12.2020, without passing any final orders, coercive action is sought to be taken.
2. From the submission made, we are of the view that the second respondent cannot proceed further, without passing any final order. Admittedly, the notice dated 05.12.2020 is a show cause notice, as indicated therein. The petitioner has also given his reply to the same, on 09.12.2020. In such view of the matter, the second respondent shall consider the reply given by the petitioner and pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. After passing such orders, it is open to the authority to proceed further. Till such time, status quo, as on date, shall be maintained.
3. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Office of the District Collector, Trichy District.
2.The Assistant Divisional Engineer, National Highways Department, No.60, Sundarraj Nagar, Highways Colony, Pudukkottai Road, Trichy - 620 020.
3.The Assistant Engineer, National Highways Department, Sector No.2, Trichy City.
+1 CC to SGP ( SR-300[F] dated 06/01/2021 ) W.P.(MD)No.19916 of 2020 05.01.2021 NR (19/01/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2