Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07.04.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.(MD)No.17492 of 2018 and W.M.P.(MD)Nos.15370 to 15372 of 2018 Murugan ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Revenue Office, Tenkasi, Tirunelveli District.

4.The Tahsildar, Alangulam Taluk, Tirunelveli District.

5.The Executive Officer, Alangulam Town Panchayat, Tirunelveli.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of 1/6

India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice issued by the fifth respondent in Na.Ka.No.214/2018/A dated 30.07.2018 and quash the same as illegal and against the provisions of the Tamil Nadu Land Encroachment Act, 1905 and in consequence thereof direct the fourth respondent to conduct proper enquiry based on the findings in the proceedings of fourth respondent in Na.Ka.No.A2/2230/2012 dated 17.01.2017. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader For Respondent No.5 : Mr.M.Jeyakumar 2/6

O R D E R

(Order of the Court was made by the Hon'ble the Chief Justice) Petition is basically impugning a show cause notice dated 30th July, 2018.

2. Mr.S.Sarvagan Prabhu, counsel for petitioner, stated he shall reply to the show cause notice within fifteen [15] days from today.

3. The concerned authority [Mr.P.Thilak Kumar says, fifth respondent] shall dispose the show cause notice by passing a reasoned order. Before disposing, a personal hearing shall be given, notice whereof, shall be communicated at least five working days in advance. The show cause notice shall be disposed of on or before 31st May, 2025.

4. We clarify we have not expressed any opinion on the merits of the matter.

5. Petition is disposed of. There shall be no order as to costs. 3/6

Consequently, connected interim applications stand closed. [K.R.SHRIRAM, C.J.] [P.B.BALAJI, J.] 07.04.2025 NCC : Yes/No Index : Yes/No MR 4/6

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Revenue Office, Tenkasi, Tirunelveli District.

4.The Tahsildar, Alangulam Taluk, Tirunelveli District.

5.The Executive Officer, Alangulam Town Panchayat, Tirunelveli.

5/6

THE HON'BLE CHIEF JUSTICE AND P.B.BALAJI, J.

MR ORDER IN W.P.(MD)No.17492 of 2018 Date : 07.04.2025 6/6