Madras High CourtWP(MD)/11917/2015allowed

Anantha Valli v. The Assistant Divisional

2023-08-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1, 1, 1, 1, 1, 2, 2, 2, 2 and 2 of 2015 Anantha Valli ... Petitioner in W.P.(MD)No.11917 of 2015 Meenakshi ... Petitioner in W.P.(MD)No.11918 of 2015 Vijaya ... Petitioner in W.P.(MD)No.11919 of 2015 Palaniyammal ... Petitioner in W.P.(MD)No.11920 of 2015 Mangammal ... Petitioner in W.P.(MD)No.11921 of 2015 Vs.

1.The Assistant Divisional Engineer (Highways), Office of the Assistant Divisional Engineer, Highways Department, Thiruchirappalli -20.

2.Marimuthu ... Respondents in all W.Ps Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to impugned order passed by the 1st respondent vide his proceedings in 1/4

F.vz;.Mf;fpukpg;G/2015/A2/dated 18.06.2015 and quash the same and consequently direct the respondents not to interfere into the petitioner's peaceful living on her house situated at M.G.R.Nagar, Kothamangalam Road, Ramji Nagar Post, Thiruchirappalli.

(In all W.Ps) For Petitioner : Mr.R.Anand For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader for R1.

Mr.C.Ilankalesswaran for R2.

COMMON ORDER Heard the learned counsel on either side.

2.In these writ petitions, the notice issued by the first respondent is under challenge. The first respondent called upon the petitioners to remove the petition mentioned encroachments. It is contended by the petitioners that the impugned order has been straightaway passed. It has not been preceded by any show cause notice. In this view of the matter, the orders impugned in these writ petitions are set aside and the matter is remitted to the file of the first respondent. The first respondent is 2/4

directed to adhere to principles of natural justice and finalize the matter. 3.With this liberty to the first respondent, these writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

29.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Assistant Divisional Engineer (Highways), Office of the Assistant Divisional Engineer, Highways Department, Thiruchirappalli -20.

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G.R.SWAMINATHAN, J.

ias 29.08.2023 4/4