Madras High Court
[email protected] vs The District Collector on 16 December, 2022
W.P.(MD) No.15908 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.15908 of 2021
and
W.M.P.(MD)Nos.12825, 12826 & 12828 of 2021
[email protected] ... Petitioner
-Vs-
1.The District Collector,
Pudukottai District,
Pudukottai.
2.Block Development Officer,
Pudukottai Taluk,
Pudukottai District.
3.The Revenue Divisional Officer,
Pudukottai.
Page 1 of 6
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W.P.(MD) No.15908 of 2021
4.The Thasildar,
Pudukottai Taluk,
Pudukottai District.
5.S.Subramanian ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Certiorari, calling for the entire records pertaining to the impugned order
passed by the 2nd respondent vide Ref.No.Na.Ka.Thi.4/1223/2021, dated
31.08.2021 and quash the same.
For Petitioner : Mr.Niranjan S.Kumar
For R1, R3 & R4 : Mr.K.Balasubramani
Special Government Pleader
For R2 : Mr.P.Thilakkumar,
Government Pleader
For R5 : Mr.K.Balasundaram
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.]
The eviction notice dated 31.08.2021 issued by the 2nd respondent,
fixing the date to remove the encroachment in the place in question on
02.09.2021, is under challenge in this Writ Petition.
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W.P.(MD) No.15908 of 2021
2.According to the petitioner, he filed a suit in O.S.No.199 of 2015 on
the file of the District Munsif Court, Pudukottai, seeking permanent injunction,
restraining the respondents 1, 2 and 4 from interfering with the peaceful
possession of the petitioner in Survey No.448/1, Perungalur Village, Pudukottai
Taluk and District, wherein, the learned District Munsif, Pudukottai, by
judgment and decree dated 20.06.2018, passed an ex-parte decree in favour of
the petitioner. Thereafter, the 5th respondent herein has filed W.P.(MD)No.13729
of 2019, to direct the 4th respondent herein to remove the encroachment in the
place in question, wherein this Court, by an order dated 31.03.2021, directed the
2nd respondent to carry out the eviction proceedings against the encroachers by
following the procedure in accordance with law. Aggrieved by the same, the
petitioner along with one Chinnamani has filed a Review Petition before this
Court with the petition for condonation of delay on the ground that the suits filed
by the petitioner and the said Chinnamani have not been disclosed by the 5th
respondent in the aforesaid Writ Petition. Pending the same, the impugned
eviction notice dated 31.08.2021 came to be issued by the 2nd respondent, fixing
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W.P.(MD) No.15908 of 2021
the date for removal of the encroachment. Hence, the petitioner is before this
Court with the aforesaid prayer.
3.It is the contention of the petitioner that the impugned eviction
notice has been issued without giving any show cause notice to the petitioner,
enabling him to make an objection / explanation. Therefore, the same is liable to
be quashed on the ground of violation of principles of natural justice.
4.Heard both sides and perused the materials available on record.
5.Considering the fact that the impugned eviction notice has been
issued without issuing any show cause notice to the petitioner, we direct that the
impugned eviction notice dated 31.08.2021 issued by the 2nd respondent shall be
treated as show cause notice.
6.At this juncture, it is reported that the petitioner died. Therefore, the
legal heirs of the petitioner are permitted to make an objection / explanation to
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W.P.(MD) No.15908 of 2021
the show cause notice, dated 31.08.2021, within a period of two weeks from the
date of receipt of a copy of this order. On receipt of such explanation /
objection, the 2nd respondent is directed to consider the same and pass
appropriate orders on merits and in accordance with law and if there is any
encroachment in the place in question, the same would be removed, after
affording sufficient opportunity to all the parties concerned and by following due
process of law. It is needless to say that since the legal heirs of the petitioner are
not impleaded in this Writ Petition, the 2nd respondent shall communicate this
order to them.
7.In view of the above, this Writ Petition stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
[D.K.K., J.] & [R.V., J.]
16.12.2022
Index : Yes / No
Internet : Yes / No
Myr
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.15908 of 2021
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR, J.
Myr
TO:
1.The District Collector,
Pudukottai District,
Pudukottai.
2.Block Development Officer,
Pudukottai Taluk,
Pudukottai District.
3.The Revenue Divisional Officer,
Pudukottai.
4.The Thasildar,
Pudukottai Taluk,
Pudukottai District.
W.P.(MD)No.15908 of 2021
16.12.2022
https://www.mhc.tn.gov.in/judis
