Petitioner challenged an eviction notice directing removal of encroachment on specific lands. Court found sufficient opportunity was granted and the lands are public streets/vandipathai. Petition dismissed; EO directed to take action with due process.
Writ of certiorari to call for records and quash the eviction notice dismissed.
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.416 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.416 of 2023 and
W.M.P.(MD)Nos.387 & 388 of 2023
T.Gnanavel ... Petitioner
-Vs-
Dindigul District.
5.N.Arumugam ... Respondents
Page 1 of 6
W.P.(MD) No.416 of 2023
PRAYER:
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned notice dated 12.12.2022 in Na.Ka.No.1127/2019/Aa issued by the 4th respondent and to quash the same as illegal.
For Petitioner : Mr.M.Viji For R1 to R3 : Mr.K.Balasubramani Special Government Pleader For R4 : Mr.P.Thilak Kumar Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.]
The eviction notic e dated 12.12.2022 issued by the 4 th respondent, directing the petitioner to remove the encroachment in Survey Nos.698/10 and 50/4, is under challenge in this Writ Petition.
2.Mr.K.Balasubramani, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.P.Thilak Kumar, learned Government Pleader takes notice for the 4th respondent. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 5 th respondent is dispensed with.
Page 2 of 6
W.P.(MD) No.416 of 2023
3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4.The primordial allegation of the petitioner is that the 4 th respondent has issued the impugned eviction notice only to this petitioner for removal of the encroachment in the lands in question. Therefore, the action of the 4 th respondent is clearly arbitrary. Further, the 4 th respondent has not issued any show cause notice to the petitioner, enabling her to submit an objection / explanation.
5.A perusal of the impugned eviction notice shows that sufficient opportunity has been granted to the petitioner and she has also submitted her reply vide letters dated 06.07.2021 and 08.12.2022. It further shows that the petitioner has also given an undertaking that she will remove the encroachment on or before 21.12.2022. In view of the above, the contention of the petitioner cannot be accepted.
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W.P.(MD) No.416 of 2023
6.As far as the other allegation of the petitioner that the 4 th respondent
has issued the impugned eviction notice only to this petitioner is concerned, the learned Government Pleader for the 4 th respondent, on instructions from one S.Pitchai, Junior Assistant, Chinnalapatti Town Panchayat, Dindigul District, who appeared in-person before this Court, submitted that the lands in question are classified as Street and Vandipathai, therefore, the petitioner has no right to claim any right over the same.
7.In the light of the above submissions, this Writ Petition stands dismissed. However, it is for the 4 th respondent to take necessary action for removal of the encroachment in the lands in question without any further delay
by following due process of law. No costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K., J.] & [R.V., J.] 09.01.2023 (2/4)
NCC : Yes / No Index : Yes / No Internet : Yes / No MYR
Page 4 of 6
W.P.(MD) No.416 of 2023
To
Dindigul District.
Dindigul District.
Page 5 of 6
W.P.(MD) No.416 of 2023
D.KRISHNAKUMAR, J. AND R.VIJAYAKUMAR , J.
MYR
W.P.(MD)No.416 of 2023
09.01.2023
(2/4)
Page 6 of 6
2 issues framed by the court
Whether the eviction notice issued by the Executive Officer was illegal and arbitrary without a show cause notice?
Whether the petitioner has any right to claim ownership over the lands classified as Street and Vandipathai?
1 provisions across 1 enactments
T.Gnanavel
District Collector, Dindigul District
Revenue Divisional Officer, Dindigul District
Thasildhar, Aathur Taluk, Dindigul District
Executive Officer, Chinnalapatti Town Panchayat, Dindigul District
D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
