Petitioner challenged eviction order. Court directed authorities to conduct a survey after notice. If encroachment exists, removal action must follow due process with personal hearing.
Direct authorities to conduct survey; if encroachment found, remove it after personal hearing due process within 12 weeks.
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W.P(MD)No.611 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.611 of 2022 and
W.M.P(MD)No.492 of 2022
Marcelin ... Petitioner
vs.
2.The Tahsildar, Rameswaram Taluk, Ramnad District.
3.V.Karpakavalli ... Respondents
(R – 3 is impleaded vide order dated 29.09.2022 in W.M.P(MD)No.13141 of 2022)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records pertaining to the order of the second respondent dated 17.12.2021 passed by his proceedings in Na.Ka.No.A2/808/2021 and quash the same as illegal.
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W.P(MD)No.611 of 2022
For Petitioner : Mr.D.Venkatesh For RR 1 & 2 : Mr.S.P.Maharajan Special Government Pleader
For R – 3 : Mr.R.Jegadeeswaran
ORDER
(Order of the Court was made by R.MAHADEVAN, J.)
Challenging the impugned eviction order passed by the second respondent in Na.Ka.No.A2/808/2021, dated 17.12.2021, wherein, the petitioner was directed to remove the encroachment within 30 days, the present Writ Petition has been filed.
2.Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner as well as the learned counsel appearing for the third respondent agreed to conduct a survey in the place in question so as to ascertain whether there is any encroachment made by the petitioner.
3.In view of the abovesaid submissions, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice
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W.P(MD)No.611 of 2022
to the petitioner and all other parties concerned within a period of four weeks from the date of receipt of a copy of this order. If there is any encroachment as claimed by the petitioner, the authorities concerned shall take necessary action for removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of eight weeks thereafter.
costs. Consequently, connected Miscellaneous Petition is closed.
[R.M.D.,J.] & [J.S.N.P.,J.] 15.11.2022
Index : Yes / No Internet : Yes ps
To
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W.P(MD)No.611 of 2022
R.MAHADEVAN,J.
and
J.SATHYA NARAYANA PRASAD,J.
ps
ORDER MADE IN W.P(MD)No.611 of 2022
15.11.2022
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2 issues framed by the court
Whether a survey should be conducted to ascertain encroachment before enforcing eviction.
Whether eviction order can be enforced without personal hearing and due process of law.
Marcelin
The Revenue Divisional Officer, Rameswaram
The Tahsildar, Rameswaram Taluk
V.Karpakavalli
R.MAHADEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
