Madras High Court
WP(MD)/25072/2016 of ELAYAPERUMAL Vs THE DISTRICT COLLECTOR on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED: 29.12.2016 CORAM: THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.25072 of 2016 and W.M.P(MD)Nos.18144 and 18145 of 2016 Elayaperumal ... Petitioner Vs. 1. The District Collector, Tuticorin District. 2. The
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Conclusion
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAMAND
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
Elayaperumal
... Petitioner
Vs.
1. The District Collector, Tuticorin District.
2. The Block Development Officer, Tuticorin, Tuticorin District.
3. The Tahsildar, Tuticorin, Tuticorin District.... Respondents PRAYER: Petition filed under Article 226 of the Constitution ofIndia, to issue a Writ of Certiorari to call for the recordsrelating to the impugned order dated 22.12.2016 passed by the secondrespondent in his proceedings in m5/2586/2011-2 and quash the same.
ORDER
(Order of the Court was made by R.MAHADEVAN,J.)
Mr.C.Selvaraj, learned Special Government Pleader takes noticefor the respondents.
2. By consent, the writ petition itself is taken up for finaldisposal.
3. With regard to the removal of encroachment, the impugnedhttps://hcservices.ecourts.gov.in/hcservices/notice dated 22.12.2016 was issued by the second respondent vide hisproceedings in m5/2586/2011-2 and challenging the same, this writ petition has been filed.
4. Heard the learned Counsel appearing for the petitioner andthe learned Special Government Pleader appearing for therespondents.
5. The learned Special Government Pleader appearing for therespondents, on instructions, would submit that the impugnedproceedings which is under challenge before this Court, is nothingbut a notice and hence, it is for the petitioner to file necessaryobjection to the said notice.
6. Recording the said submission of the learned SpecialGovernment Pleader appearing for the respondents, this writ petitionis disposed of, directing the petitioner to file reply/objection tothe impugned notice/proceedings dated 22.12.2016 issued by thesecond respondent vide his proceedings in m5/2586/2011-2, within aperiod of two weeks from the date of receipt of a copy of this orderand on receipt of the same, the second respondent shall consider thesame and pass appropriate orders on merits and in accordance withlaw within a period of two weeks thereafter. No costs. Consequently,the connected writ miscellaneous petitions are closed.
Sd/-Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
1. The District Collector, Tuticorin District.2. The Block Development Officer, Tuticorin, Tuticorin District.
3. The Tahsildar, Tuticorin, Tuticorin District.+ 1 CC TO Mr.S.BALAJI, ADVOCATE IN SR No. 83638
ER/RSBTE/PV/SAR-II : 03/01/2017 : 2P/5C
https://hcservices.ecourts.gov.in/hcservices/
W.P(MD)No.25072 of 2016andW.M.P(MD)Nos.18144 and 18145 of 201629.12.2016