K. Sekar, v. the President
Case brief
What is this about?
A writ petition challenging a notice ordering the removal of an encroachment was filed for lack of natural justice. The High Court quashed the notice, directing the respondent to follow due process before enforcing eviction.
What did the court decide?
The impugned communication dated 18.11.2014 is set aside. The petitioner is allowed to evict after following due process of law.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.12.2014
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL
W.P.(MD)No.19274 of 2014 and M.P(MD)No.1 of 2014
K.Sekar ... Petitioner
Vs.
The President, Puliyooran Village Panchayat, Puliyooran- 626 112, Aruppukottai, Virudhunagar District.
... Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the order passed by the respondent in g.bt.vz;.24/2014/M2 dated 05.08.2014 vide communication dated 18.11.2014 and quash the same.
For Petitioner : Mr.B.N.Raja Mohamed
Issues for consideration
1 issue framed by the court
Whether the respondent could issue an impugned notice removing the encroachment unilaterally without first providing a show-cause notice and hearing the petitioner in accordance with principles of nat
Parties & counsel
- petitioner
K. Sekar
- respondent
The President, Puliyooran Village Panchayat
Coram
M. Venugopal
Case details
As recorded by the court registry
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