K. Selvam, v. Palayampatti Grade I
Case brief
What is this about?
The Madurai Bench of the Madras High Court dismissed a writ petition challenging a notice to remove encroachment. Since the document was a notice rather than an order, the court directed the authority to allow the petitioner 15 days to submit a reply. Pending the reply, the petitioner's occupation of the property cannot be disturbed.
What did the court decide?
Direction to the respondent authority to accept the petitioner's reply within 15 days and not disturb the occupation pending consideration of the reply.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2014
CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Petition (MD) No.2690 of 2014
K.Selvam ... Petitioner
Vs.
Palayampatti Grade I Panchayat represented by its President/ Executive Officer, Aruppukkottai Union, Virudhunagar District. ... Respondent
Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned order dated 06.09.2013 issued by the respondent seeking removal of the petitioner's shop in S.No.132/1, T.S.Ramalinga Nagar Layout and quash the same.
For Petitioner : No Appearance For Respondent : Mr.J.Gunaseelan Muthiah, Government Advocate
Issues for consideration
2 issues framed by the court
Whether the notice issued by the authority directing removal of encroachment violates principles of natural justice by not affording an opportunity to explain title.
Whether the respondent authority can proceed to remove the encroachment without considering the petitioner's claim of ownership based on valid title.
Parties & counsel
- petitioner
K.Selvam
- respondent
Palayampatti Grade I Panchayat
Coram
R. Sudhakar
Case details
As recorded by the court registry
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