High Court directed the Third respondent to consider petitioners reply and conduct a proper enquiry with opportunity of hearing before demolishing toilets or passing appropriate orders, within eight weeks.
Direct Third respondent to consider the reply dated 02.01.2018, conduct an enquiry and hear parties before passing orders on merits within eight weeks.
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.
WP Nos.3088 to 3090 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2023
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Writ Petition Nos. 3088 to 3090 of 2018
and
WMP Nos. 3782, 3784 & 3786 of 2018
V. Arujunan .. Petitioner in WP No.3088
Sri Madurai Veram Koil, Rep. By its administer, N.Palanisamy, Aruthathiyar Colony, Velayampalayam, Palappalayam Post, Tiruppur District – 641 663 .. Petitioner in WP No. 3089
C. Marasamy .. Petitioner in WP No.3090
Versus
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Petitions filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the 3rd respondent's order in Na.Ka.No.409/2017 dated 19.10.2017 and quash the same and direct the 1st respondent to conduct enquiry into the petitioner's representation dated 02.01.2018 and to take appropriate action against the 3rd respondent in accordance with law expeditiously within a time frame as fixed by this Court.
For Petitioners : Mr. K.T.S. Sivakumar. For Respondents : Mr. A. Selvendran Special Government Pleader for R1 & R2 Mr. K. Govi Ganesan for R3. Mr. K. Yasar Arafath for R4.
C O M M O N O R D E R
[Order of the Court was made by R.MAHADEVAN,J,]
The petitioners have come forward with these Writ Petitions assailing the
correctness and validity of the notices issued by the third respondent in Na. https://www.mhc.tn.gov.in/judis
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Ka.No.409/2017 dated 19.10.2017, based on the proceedings dated 28.09.2017 of the second respondent, calling upon the petitioners to remove the encroachments made in the land comprised in Survey No. 18, quash the same and consequently direct the respondents to conduct an enquiry by considering their representation dated 02.01.2018.
where Poojas and religious festivals are conducted for the past 40 years.
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which is classified as road poromboke and called upon the petitioners to demolish them. According to the petitioners, the toilets/bathrooms are being used by the petitioners and others in the locality and the same have been constructed in a small extent of land without any disturbance to any one in the locality and if they are demolished, the petitioners will be highly prejudiced.
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this Order. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(R.M.D., J) (M.S.Q., J)
01.02.2023
ay/rsh Index:Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No
Copy to 1.The District Collector, Office of Collectorate, Tiruppur District, Tiruppur.
2.The Tahsildar, Paladam Taluk, Paladam, Tiruppur District.
3.The Executive Officer, Samalapuram Town Panchayat, Palapalayam, Tiruppur District.
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R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J
ay/rsh
WP Nos. 3088 to 3090 of 2018
01.02.2023
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3 issues framed by the court
Whether the High Court ought to direct the Third respondent to conduct an enquiry and conduct a hearing before demolishing the toilets constructed by petitioners.
Whether a proper enquiry mechanism must be adopted before passing orders to remove encroachment in land.
Whether the petitioners are entitled to a hearing before the demolition of toilets and temple structures they claim to use.
Arujunan
Sri Madurai Veram Koil, Rep. By its administer, N.Palanisamy
C. Marasamy
The District Collector, Office of Collectorate, Tiruppur District
The Tahsildar, Paladam Taluk
The Executive Officer, Samalapuram Town Panchayat
R. MAHADEVAN
MOHAMMED SHAFFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
