M.Perumal v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.14879 & 14881 of 2025 R.Perumal ... Petitioner vs.

1.The District Collector, District Collectorate, Dindigul District.

2.The Executive Officer, Selection Grade Town Panchayat, Sithaiyankottai, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the impugned proceeding issued by the respondent vide his proceeding in proceedings in Na.Ka.No.328/2025 dated 27.06.2025, quash the same. 1/5

For Petitioner : Mr.T.Cibichakraborthy For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice, dated 27.06.2025 issued by the second respondent is under challenge in the present writ proceedings. 2.Mr.M.Sarangan, learned Additional Government Pleader takes notice for the respondents.

3.It is needless to state that an encroacher or unauthorized occupant is entitled to an opportunity to defend his case. However, the impugned notice states that enforcement actions will be undertaken by the Town Panchayat. Thus, it is apparent that no show cause notice was issued, affording an opportunity to the petitioner to respond. 2/5

4.In view of the said fact, the impugned notice dated 27.06.2025 is treated as a show cause notice to the petitioner. The petitioner is at liberty to submit his explanation, along with supporting documents, if any, within a period of ten (10) days from the date of receipt of a copy of this order. On receipt of any such explanation, the second respondent shall ascertain whether the unauthorized constructions or encroachments exist and thereafter pass final orders and conclude the enforcement action. It is needless to state that a survey is to be conducted, if not already conducted. The said exercise is directed to be completed within a period of twelve weeks (12) from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, District Collectorate, Dindigul District.

2.The Executive Officer, Selection Grade Town Panchayat, Sithaiyankottai, Dindigul District.

4/5

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 17.07.2025 5/5