Petitioner challenged an eviction notice via writ petition. High Court set aside the notice directed to the Commissioner, ordering application of mind to prior directions and passing a reasoned order within one month. Petition disposed of.
Impugned notice set aside; direction to pass reasoned order within one month.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.No.43763 of 2016
N.Saravanan .. Petitioner
Vs
1. The District Collector
Vellore District
Vellore.
2. The Divisional Engineer
Highways Constructions and Maintenance
Vellore.
3. The Assistant Divisional Engineer
Highways Constructions and Maintenance
Arakkonam, Vellore District.
4. The Tahsildhar
Arakkonam, Vellore District.
5. The Commissioner
Arakkonam Municipality
Arakkonam, Vellore District. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari calling for the records in relation to the impugned order passed by the fifth respondent in Proceedings Na.Ka.No.2992/15/F1-6, dated 14.12.2016 threatening eviction by force on failure to remove the encroachment forthwith by the petitioner and quash the same as arbitrary and illegal and contrary to the directions of this Court dated 23.03.2016.
For Petitioner : Mr.Rahul Balaji for Mr.M.Venkatakrishnan For Respondents : Mr.C.Manisankar
: Mr.C.Manisankar Addl. Advocate General(W) assisted by Mr.R.Vijayakumar Addl. Government Pleader
ORDER (Order of the Court was made by the Hon'ble Chief Justice)
For the reasons set out in the order dated 20.12.2016 passed in W.P.No.43651 of 2016, the impugned notice dated 14.12.2016 is set aside with a direction to the Commissioner/fifth respondent to apply his mind to the notice dated 14.3.2016 and the response of the petitioner thereto (given to the third respondent as that was the direction in W.P.Nos.37714 and 37715 of 2015) and pass a reasoned order on the same to be duly communicated to the petitioner as well as a copy endorsed to the petitioners in W.P.Nos.37714 and 37715 of 2015. The action be completed within a period of one month from today.
The petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.37560 of 2016 is closed. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar
sasi
To:
1 issue framed by the court
Whether the notice threatening eviction by force dated 14.12.2016 is arbitrary and illegal contrary to prior Court directions.
1 provisions across 1 enactments
N. Saravanan
The District Collector, Vellore District
The Divisional Engineer, Highways Constructions and Maintenance, Vellore
The Assistant Divisional Engineer, Highways Constructions and Maintenance, Arakkonam
The Tahsildhar, Arakkonam
The Commissioner, Arakkonam Municipality
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
