The Madras High Court quashed a notice issued by the Panchayat calling for encroachment removal due to the absence of a prior show cause notice. The petition was allowed with remand to proceed afresh.
Impugned notice quashed; matter remitted to the file of the third respondent with liberty to proceed afresh.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13869 of 2014 and M.P.(MD) No.1 of 2014
Rosi Foundation rep. By its Chairman S.Palanivel
... Petitioner
Vs.
1.The District Collector, Office of the District Collector, Velunatchiyar Complex,
Dindigul District.
2.The Project Officer,
District Rural Development Agency, Dindigul District, Collector Office, Dindigul.
3.The President, Sirumalai Panchayat, Dindigul District. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the third respondent through his impugned notice dated nil received on 16.07.2014 and quash the same.
For Petitioner : Mr.R.Venkatesan
For Respondents : Mr.M.Govindan,Spl. G.P. For RR1 and 2 No Appearance for R3
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.)
The writ petitioner challenges the notice issued by the third respondent, calling upon the writ petitioner to remove the encroachment in question. https://hcservices.ecourts.gov.in/hcservices/
2.It is seen that the impugned notice was not preceded by any
prior show cause notice. Therefore, the notice impugned in this writ petition is quashed. However, the matter is remitted to the file of the third respondent with liberty to proceed afresh in accordance with law.
3.The writ petition is allowed with the above observation. No costs. Consequently, connected miscellaneous petition is closed. Sd/Assistant Registrar(CS-III)
/True copy/
Sub Assistant Registrar
To
1 issue framed by the court
Whether a writ of certiorari is maintainable to quash a notice calling for removal of encroachment without a prior show cause notice.
Rosi Foundation re. S.Palanivel
District Collector
Project Officer
President, Sirumalai Panchayat
K.K.Sasidharan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
