Madras High Court

WP(MD)/27407/2019 of K.BASKAR Vs THE DISTRICT COLLECTOR on 30 December 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.12.2019 CORAM: THE HONOURABLE MR.JUSTICE P. VELMURUGAN AND THE HONOURABLE MRS.JUSTICE R. THARANI W.P(MD)No.27407 of 2019 and W.M.P(MD)No.23668 of 2019 K.Baskar ... Petitioner Vs. 1. The District Collector, Madurai District, Madurai. 2. The

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE P. VELMURUGANAND

THE HONOURABLE MRS.JUSTICE R. THARANIW.P(MD)No.27407 of 2019

andW.M.P(MD)No.23668 of 2019

K.Baskar

... Petitioner

1.The District Collector, Madurai District, Madurai.

Vs.

2.The Tahsildar,

Thirumangalam Taluk, Thirumangalam, Madurai District.

3.The Commissioner,

Thirumangalam Municipality, Thirumangalam, Madurai District.

4.M.Thillai Natarajan ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitutionof India, to issue a Writ of Certiorarified Mandamus, to call forthe records relating to the impugned order passed inNa.Ka.No.1670/2019/F1 dated 17.12.2019 by the third respondent andquash the same as illegal insofar as petitioner is concerned andconsequently directing the respondents 1 to 3 to take necessaryaction by conducting spot verification and survey in old SurveyNo.128/PT new Survey No.136/1B at Mohammed Shah Puram Road,Thirumangalam Town, Madurai District in accordance with law.

For Petitioner: Mr.A.Ananda RajFor RR 1 & 2: Mr.K.Mu.Muthu,Additional Government Pleader.For R - 3: Mr.A.Kannan

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ORDER

(Order of the Court was made by P. VELMURUGAN,J.)

The petitioner has filed the above Writ Petition to issue ahttps://hcservices.ecourts.gov.in/hcservices/

Writ of Certiorarified Mandamus, to call for the records relatingto the impugned order passed by the third respondent inNa.Ka.No.1670/2019/F1 dated 17.12.2019 and to quash the same andconsequently to direct the respondents 1 to 3 to take necessaryaction by conducting spot verification and survey in old SurveyNo.128/PT, new Survey No.136/1B at Mohammed Shah Puram Road,Thirumangalam Town, Madurai District in accordance with law.

2. Mr.K.Mu.Muthu, learned Additional Government Pleader takesnotice for the respondents 1 and 2 and Mr.A.Kannan, learnedcounsel takes notice for the third respondent.

3. The contention raised by the learned counsel for thepetitioner is that despite a direction given by the Division Benchof this Court in W.P(MD)No.18976 of 2019, dated 26.11.2019, therepresentations given by the petitioner dated 01.11.2019 and02.11.2019 have not been considered and pass any order, however,the third respondent issued a show-cause notice dated 17.12.2019to remove the encroachment made by the petitioner.

4. It is seen that the show cause notice does not reflect thatthe representations of the petitioner dated 01.11.2019 and02.11.2019 have been considered and rejected, as per the directionof the Division Bench of this Court dated 26.11.2019. In theabsence of any consideration, the show cause notice issued by thethird respondent is liable to be quashed.

5. In view of the above, the show cause notice, dated17.12.2019 issued by the third respondent is quashed and the thirdrespondent is directed to consider the representations given bythe petitioner dated 01.11.2019 and 02.11.2019 and also additionalrepresentation dated 19.12.2019 and pass speaking orders on meritsin accordance with law, within a period of six weeks from the dateof receipt of a copy of this order, and then to proceed inaccordance with law.

6. With the above direction, the Writ Petition is disposed of.No costs. Consequently, connected Miscellaneous Petition isclosed.

// True Copy //

Sd/-

Assistant Registrar (vo)

https://hcservices.ecourts.gov.in/hcservices/

/ /2020

Sub Assistant Registrar(CS)

ps/ogyTo1.The District Collector, Madurai District, Madurai.2.The Tahsildar, Thirumangalam Taluk, Thirumangalam, Madurai District.3.The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.+1 CC to SPL.GP ( SR-106528[F] dated 30/12/2019 )+1 CC to Mr.A.ANANDARAJ, Advocate ( SR-106535[F] dated31/12/2019 )+1 CC to Mr.A.KANNAN, Advocate ( SR-106527[F] dated 30/12/2019 )

KM/(20.01.2020) 3P 7C

W.P(MD)No.27407 of 201930.12.2019

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