Disposed

Eswaran.K v. the District Collector

Madras HC7 Nov 2022WP(MD)/18479/2021

Case brief

AI extract

What is this about?

The Madras High Court treated an eviction notice issued without a prior hearing as a show cause notice. It directed the petitioner to submit objections within two weeks and the authorities to conduct a proper enquiry before removal of encroachment.

What did the court decide?

Petitioner directed to submit objections within two weeks; authorities to consider them and pass appropriate orders after enquiry within four weeks thereafter.

Eswaran.K Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2022)

¶1

W.P.(MD) No.18479 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 07.11.2022

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

¶6

AND

¶7

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

¶8

W.P.(MD)No.18479 of 2021 and W.M.P.(MD)No.15249 of 2021

K.Eswaran

... Petitioner

-Vs-

1.The District Collector,

¶13

Theni District.

¶14

2.The District Revenue Officer,

¶15

District Revenue Office,

¶16

Collectorate, Theni & District.

¶17

3.The Tahsildar,

¶18

Taluk Office, Uthamapalayam Tk.,

¶19

Theni District. ... Respondents

¶20

Page 1 of 6

¶21

https://www.mhc.tn.gov.in/judis

¶22

PRAYER:

¶23

W.P.(MD) No.18479 of 2021

¶24

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, Na.Ka.No.73/20212, dated 13.09.2021 issued by the 2^nd respondent in respect of S.No.3693/62 situated at Ward No.II, Main Road, Kombai, Uthamapalayam Tk, Theni and quash the same and consequently, to issue a direction to issue patta to the petitioner building.

¶25

For Petitioner : Mr.P.Vijendran For Respondents : Mr.S.P.Maharajan Special Government Pleader

¶26

ORDER

¶27

[Order of the Court was made by R.MAHADEVAN, J.]

¶28

Challenging the eviction notice issued by the 2^nd respondent dated

¶29

13.09.2021, this Writ Petition is filed with a consequential direction to the respondents to issue patta to the petitioner's building.

¶30

2.The learned counsel appearing for the petitioner submitted that the

¶31

petitioner's community people are in occupation of the disputed area to whom straightaway, the eviction notices have been issued. Earlier, when one

¶32

Page 2 of 6

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P.(MD) No.18479 of 2021

¶35

Velmurugan filed a Writ Petition in W.P.(MD)No.10504 of 2021 seeking removal of encroachment in the same place in question, this Court, by an order dated 24.06.2021, has disposed of the Writ Petition, directing the authorities concerned to afford an opportunity of hearing to the 8^th respondent therein, said to be an encroacher, before directing his removal. Pursuant to the said order, an enquiry was conducted, in which, the 8^th respondent in W.P.(MD)No.10504 of 2021 gave a statement that the building in question has been under the control of Devendra Kula Velalar for more than 100 years. Solely, based on the aforesaid general statement, the impugned eviction notice has been issued without even issuing show cause notice to the petitioner or conducting enquiry and therefore, the impugned notice is liable to be set aside on the ground of violation of principles of natural justice.

¶36

3.The aforesaid submissions are not refuted by the learned Special Government Pleader for the respondents.

¶37

Page 3 of 6

¶38

https://www.mhc.tn.gov.in/judis

¶39

W.P.(MD) No.18479 of 2021

¶40

4.In view of the above, the impugned eviction notice dated 13.09.2021,

¶41

is treated as show cause notice and the petitioner is directed to submit his explanation / objection to the same, enclosing all the relevant materials to substantiate his claim within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation / objection, the authority concerned is directed to consider the same and pass appropriate orders on merits and in accordance with law. If there is any encroachment in the place in question, the same shall be removed by the authorities concerned, after affording sufficient opportunity to all the parties concerned and by following due process of law within a period of four weeks thereafter.

¶42

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

¶43

[R.M.D., J.] & [J.S.N.P., J.]

¶44

07.11.2022

¶45

Index : Yes / No Internet : Yes / No Myr

¶46

Page 4 of 6

¶47

https://www.mhc.tn.gov.in/judis

¶48

W.P.(MD) No.18479 of 2021

¶49

¶50

1.The District Collector,

¶51

Theni District.

¶52

2.The District Revenue Officer, District Revenue Office,

¶53

Collectorate, Theni & District.

¶54

3.The Tahsildar,

¶55

Taluk Office, Uthamapalayam Tk., Theni District.

¶56

Page 5 of 6

¶57

https://www.mhc.tn.gov.in/judis

¶58

W.P.(MD) No.18479 of 2021

¶59

R.MAHADEVAN, J. AND J.SATHYA NARAYANA PRASAD, J.

¶60

Myr

¶61

W.P.(MD)No.18479 of 2021

¶62

07.11.2022

¶63

Page 6 of 6

¶64

https://www.mhc.tn.gov.in/judis

Eswaran.K v. the District Collector

Case brief

What is this about?

What did the court decide?

Eswaran.K v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ganesan.M Vs the Authorized Officer/ Branch Manager

Rosmi.D Vs the Honble Principal District Judge

The District Collector, Vs R. Murugesan

The Commissioner of Customs, Vs M/s. Sri Shunmuga Traders

Shalivahanan. A.D Vs The Authorized Officer

Suja. S Vs The District Collector