Tamilselvi, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9639 of 2013 and M.P.(MD).Nos.2 and 4 of 2013 1.Tamilselvi 2.S.Gopal 3.Thatchinamoorthy 4.Murugavel 5.Amutha 6.Govindasamy 7.Gnanathai : Petitioners Vs.

1. The District Collector, District Collectorate Office, Virudhunagar.

2. The Executive Engineer, Public Works Department, Virudhunagar.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records in connection with the impugned order passed by the second respondent dated 05.06.2013 evicting the petitioners from their thatched sheds at the river bed of Vaippar and Archuna Nathi at Irukkankudi Village, Sattur Taluk, Virudhunagar District without following due process of law and quash the same. [prayer amended as per the order of this Court dated 17.06.2013, made in M.P.(MD)No.3 of 2013].

For Petitioners : Mr.K.Murugavel Rajan For Respondents : Mr.T.S.Mohamad Mohideen Additional Government Pleader *****

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The eviction notices issued to the respective petitioners are under challenge in this Writ Petition.

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2. The notices issued by the second respondent dated 05.06.2013 does not contain any indication as to the Act under

which or the provisions on the basis of which action was taken. The authority cannot put the petitioners in darkness with regard to the initiation of action for eviction. We are, therefore, of the view that the impugned notices are liable to be quashed.

3. In the result, the individual notices dated 05.06.2013 issued to the petitioners are all quashed. It is open to the second respondent to initiate appropriate action in accordance with law, after issuing notice to the petitioners.

4. The Writ Petition is allowed with liberty as indicated above. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, District Collectorate Office, Virudhunagar.

2. The Executive Engineer, Public Works Department, Virudhunagar.

+1cc to The Spl.Government Pleader Sr.No.63694 SML/TSG VB/SV/SAR3/18.07.2017/2P/4C Order made in W.P.(MD)No.9639 of 2013 04.07.2017 https://hcservices.ecourts.gov.in/hcservices/