Petitioner filed a writ petition under Article 226 to quash a show cause notice for alleged unauthorized construction. The court noted the petitioner failed to produce documents proving property extent but recorded respondents' submission that the encroachment was removed. Dismissed the petition.
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.
W.P.(MD)No.18707 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020 CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.18707 of 2020 and W.M.P.(MD)15636 and 15637 of 2020
Susila
... Petitioner
Vs.
1.The Divisional Engineer(Highways) Construction and Maintenance,
Vadipatti, Madurai District.
3.The Assistant Engineer(Highways), Construction and Maintenance,
Vadipatti Division, Madurai District. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned notice in Na.Ka.No.44/2020/EVA, dated 01.12.2020, issued by the second respondent and quash the same as it is arbitrary and illegal.
For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader
ORDER
(Order of the Court was made by N.KIRUBAKARAN,J)
The petitioner has challenged a show cause notice issued by the second respondent, dated 01.12.2020, for removal of unauthorised construction put up by the petitioner.
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W.P.(MD)No.18707 of 2020
Assistant Registrar (CRL.SIDE)
// True Copy //
SSL
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Divisional Engineer(Highways) Construction and Maintenance, Madurai-2.
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W.P.(MD)No.18707 of 2020
W.P.(MD)No.18707 of 2020 21.12.2020
3.The Assistant Engineer(Highways), Construction and Maintenance, Vadipatti Division,
Madurai District.
KM (07.01.2021) 3P 5C
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1 issue framed by the court
Whether the show cause notice issued for removal of unauthorised construction should be quashed as arbitrary and illegal.
1 provisions across 1 enactments
Susila
The Assistant Divisional Engineer (Highways), Construction and Maintenance, Vadipatti, Madurai District
The Assistant Engineer (Highways), Construction and Maintenance, Vadipatti Division, Madurai District
The Divisional Engineer (Highways), Construction and Maintenance, Madurai-2
N. Kirubakaran
B. Pugalendi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
