Rajeshwari.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)Nos.16026 & 16027 of 2021 N.Rajeshwari ... Petitioner Vs.

1.The District Collector, O/o.District Collectorate, 2.Thasildar, Agasteeswaram Taluk, 3.The Assistant Engineer, Water Resource Organisation, Irrigation Section, Nagercoil, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned eviction notice in Ka.No.Ko.12/407/2021 dated 19.08.2021 on the file of the third respondent and to quash the same, as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorari, to call for the records pertaining to the impugned eviction notice dated 19.08.2021 on the file of the third respondent and to quash the same.

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2.The only contention raised by Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner is that the impugned notice dated 19.08.2021 was issued in the name of a dead person namely T.Natarajan, who is the husband of the petitioner. The petitioner has stated that the said T.Natarajan had died on 12.05.2021. 3.Since the notice has been issued in the name of a dead person, Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents, submitted that the third respondent would issue a fresh notice to the petitioner and thereafter, remove the encroachment in the land in dispute.

4.Since the impugned notice dated 19.08.2021 has been issued in the name of a dead person, the impugned notice, dated 19.08.2021 is liable to be set aside. Accordingly, the same is set aside. We direct the third respondent to issue a fresh notice to the petitioner and take appropriate action for removing the encroachment in accordance in law.

5.With these observations, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Writs) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :

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To 1.The District Collector, O/o.District Collectorate, 2/3

2.Thasildar, Agasteeswaram Taluk, 3.The Assistant Engineer, Water Resource Organisation, Irrigation Section, Nagercoil, +1 CC to M/s.SPL.GP ( SR-33183[F] dated 29/10/2021 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-33159[F] dated 29/10/2021 ) 28.10.2021 TR/PM(16.11.2021) 3P 6C 3/3