The High Court agreed parties to treat the notice issued to the joint patta holder as a show cause notice for the petitioner. A forum was constituted to address the need to appear and submit representations. The petition was disposed of.
Notice treated as show cause notice for petitioner to file response within 4 weeks; respondents to decide within 3 months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2017
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR
W.P.No.9167 of 2014
and
M.P.Nos.1 and 2 of 2014
T.G.Gopinath ... Petitioner
-Vs-
1. The Tahsildar,
Thiruporur.
2. The District Collector,
Kancheepuram.
3. The Assistant Engineer,
Highways Dept.,
O/o.The Tamilnadu Road Development Corporation,
Tambaram Division, Chennai-100.
4. The President,
Kanathur Panchayat,
Chennai.
5. Sheik Abbas Thoppiwalah ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records of the 3rd respondent connected with the impugned notice issued under proceedings No. 08/2014-01/Kanathur/E.Va.A dated 5.2.2014 and quash the same.
For Petitioner : Mr.AR.M.Arunachalam For Respondents : Mr.T.N.Rajagopalan Special Government Pleader For RR 1 to 4
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
On hearing the learned counsel for parties, it is agreed that since there is a joint patta in question and the notice dated 05.02.2014 was issued only to the joint patta holder, the said notice be treated as the show cause notice for the petitioner, who may file his response to the same within four (4) weeks and the respondents will take a decision on the same, after notice to all concerned, within a maximum period of three (3) months thereafter.
The interim order dated 28.03.2014 enuring for the benefit of the petitioner would continue to so enure till the decision is taken in pursuance to this order and in case of an adverse order, for a period of fifteen (15) days after the service of that order on the petitioner.
Writ petition is, accordingly, disposed of. No costs.
Consequently, M.P.Nos.1 and 2 of 2014 stand closed.
Sd/-
Assistant Registrar(CO)
//True Copy//
sra Sub Assistant Registrar
To
1. The Tahsildar,
Thiruporur.
2. The District Collector,
Kancheepuram.
3. The Assistant Engineer,
Highways Dept.,
O/o.The Tamilnadu Road Development Corporation,
Tambaram Division, Chennai-100.
4. The President,
Kanathur Panchayat,
Chennai.
+1cc to Mr.AR.M.Arunachalam, Advocate, S.R.No.6681
+1cc to the Government Pleader, S.R.No.6833
W.P.No.9167 of 2014
PA(CO)
CA(14/02/2017)
2 issues framed by the court
Whether the notice issued only to the joint patta holder can be treated as a show cause notice for the petitioner.
Whether the constitution of a forum to appear and submit representation to the respondents against the said notice is necessary.
1 provisions across 1 enactments
T.G. Gopinath
The Tahsildar, Thiruporur
The District Collector, Kancheepuram
The Assistant Engineer, Highways Dept.
The President, Kanathur Panchayat
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
