The Madurai Bench quashed a removal notice issued by the Village Panchayat for encroachment for lacking a prior show cause notice and remitted the matter to the Panchayat to proceed afresh.
Impugned notice dated 28.06.2014 quashed; matter remitted to third respondent to proceed afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD) Nos.10997 to 11000 of 2014
and
W.M.P.(MD)Nos.1 and 2 of 2014
1.Latha :Petitioner in W.P.(MD)No.10997 of 2014 2.Malaiyandi :Petitioner in W.P.(MD)No.10998 of 2014 3.Vellaiyammal :Petitioner in W.P.(MD)No.10999 of 2014 4.Yasothai :Petitioner in W.P.(MD)No.11000 of 2014 Vs.
1.The District Collector, Madurai District.
2.The Tahsildar,
Melur Taluk, Madurai District.
3.The President, Therkutheru Village Panchayat, Melur Taluk, Madurai District. : Respondents in all Writ Petitions
COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records connected with the order passed by the respondent No.3 in Na.Ka.No.1/2014-15 dated 28.06.2014 and quash the same as illegal.
For Petitioners : Mr.S.Malaikani For Respondents 1 & 2 : Mr.M.Govindan Special Government Pleader (In all Writ Petitions)
COMMON ORDER
[Order of the Court was made by G.R.SWAMINATHAN, J. ]
https://hcservices.ecourts.gov.in/hcservices/ The writ petitioners are aggrieved by the impugned notice dated 28.06.2014, issued by the third respondent calling upon the writ petitioners to remove the encroachment in question within ten
2
days.
2.It is seen that the impugned order was not preceded by any show cause notice. Therefore, on this ground, the impugned notice is quashed. The matter is remitted back to the file of the third respondent to proceed afresh in accordance with law.
3.The writ petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS-I) /True Copy/
Sub Assistant Registrar
To
1.The District Collector,
Madurai District.
2.The Tahsildar,
Melur Taluk,
Madurai District.
+1cc to Mr.R.ALAGUMANI Advocate in SR. NO.68237
MR/TA/AKV
JS/JC/SAR.3/23.08.2017/2P-4C
COMMON ORDER MADE IN W.P.(MD) Nos.10997 to 11000 of 2014 27.07.2017
1 issue framed by the court
Whether the removal notice issued by the Panchayat without a prior show cause notice was legal.
1 provisions across 1 enactments
Latha
Malaiyandi
Vellaiyammal
Yasothai
District Collector, Madurai District
Tahsildar, Melur Taluk
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
