This is a habeas corpus writ petition challenging an order directing the petitioner to remove encroachment. The Madurai Bench of the Madras High Court held the order illegal due to violation of natural justice and quashed it.
The impugned order dated 22.09.2015 quashed and the writ petition allowed. No costs.
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 : 01.09.2017
CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.20082 of 2015 and
M.P(MD)No.1 of 2015
M.Dharmalingam
... Petitioner Vs.
1.The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.
2.K.Bharathi ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records pertaining to the impugned order passed by the first respondent bearing No.Nil, dated 22.09.2015 quash the same as an illegal and violation of natural justice.
For Petitioner : Mr.J.Selvin Rajesh For Respondents : Mr.R.Murali for R1 No appearance for R2
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J .)
The writ petitioner challenges the order dated 22.09.2015 issued by the first respondent calling upon the writ petitioner to remove the encroachment in question. But the same has been issued in violation of principles of natural justice. Therefore the same is quashed. However, the first respondent is at liberty to issue fresh orders in accordance with law.
2.This writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar (AD-II)
Sub Assistant Registrar
2
To
The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.
+1cc to Mr.R.MURALI,Advocate,SR.76199
W.P(MD)No.20082 of 2015 01.09.2017
SKM/ARUL KK/KP/SAR 3/21.09.2017/ 2P- 3C
1 issue framed by the court
Whether the order requiring the petitioner to remove encroachment was illegal and violated principles of natural justice.
1 provisions across 1 enactments
M.Dharmalingam
The Commissioner, Madurai Corporation
K.Bharathi
K.K.Sasidharan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
