A. Navaneetha Ramakrishnan v. Nandhivaruman rep. by its Executive Officer, Kancheepuram
2013-07-15
M.VENUGOPAL
body2013
DigiLaw.ai
JUDGMENT :- 1. According to the Learned counsel for the Petitioner, during the last week of September, 2010, the Officials of the respondent came to the petitioner's shop and asked him to vacate the said shop without any reason, but mentioning that he is an encroacher. 2. The Learned counsel for the Petitioner submits that the Respondent/Panchayat has no jurisdiction to evict the Petitioner because of the fact that till date, no notice has been served on the Petitioner by the Respondent/Panchayat. 3. It transpires that the Petitioner is in occupation of Grama Natham land ad measuring 100 sq.ft. comprised in Grama Natham Survey No.94/6, Guduvanchery village, Kancheepuram District, which he inherited from his father Shri Late Arumuga Naicker. In the said Grama Natham, the petitioner is carrying on the business of cool bar under the name and style of 'Ramya Cool Bar' for the past 14 years. As a matter of fact, the Respondent/Panchayat has issued licence for conducting the said business right from 2000 onwards. 4. It is the case of the Petitioner that he is paying professional tax to the Respondent/Panchayat and also has EB connection in respect of the cool bar in issue. His father was assessed with 'B' memo from 18.6.1986. After the death of his father on 20.8.1998, he is running the cool bar. 5. It is to be noted that the term 'natural justice' is a form of justice in its abstract moral sense as distinct from a legislation or statute or a decision by a Court of law. Further, the principles of natural justice are not the edicts of a statute. Moreover, 'hearing other side' is one of the principles of natural justice. 6. The plain meaning of 'Rule of Hearing' is that no decision shall be taken without hearing the party to be affected. It is to be noted that the aim of the principle of natural justice is to secure justice. To put it succinctly, the rule of natural justice is to be adhered to, to prevent miscarriage of justice. In fact, the salient features of 'fair hearing' are: (1) issuance of prior notice to the affected party; (2) right of aggrieved party to make an effective representation and (3) right to be heard. 7.
To put it succinctly, the rule of natural justice is to be adhered to, to prevent miscarriage of justice. In fact, the salient features of 'fair hearing' are: (1) issuance of prior notice to the affected party; (2) right of aggrieved party to make an effective representation and (3) right to be heard. 7. Inasmuch as no notice has been served on the Petitioner by the Respondent/Panchayat in regard to the eviction of the said shop and also in view of the stand taken on behalf of the Petitioner that during the last week of September, 2010, the Respondent Officials have come to the shop and asked to vacate the said shop, this Court, taking note of all the facts and circumstances of the case in an integral fashion come to an inevitable conclusion that the petitioner cannot be evicted from the Grama Natham Survey No.94/6, Guduvanchery village, Kancheepuram District, where he runs 'Ramya Cool Bar' in an extent of 100 sq.ft. in negation of principles of natural justice and even in the absence of any notice issued to him because of the simple reason even if the petitioner is considered to be an encroacher, even an encroacher is to be evicted by the Respondent/Panchayat only after satisfying the requisite procedural formalities and also by complying with the principles of natural justice in true letter and spirit. In the instant case on hand, admittedly, the Respondent/Panchayat has not issued any notice to the Petitioner in regard to his eviction from the shop where he runs 'Ramya Cool Bar' business. 8. In the absence of any prior notice being issued to the Petitioner, it is not open to the Respondent/Officials to come and disturb the Petitioner at Survey No.94/6, Guduvanchery village, Kancheepuram District, where he conducts the business of 'Ramya Cool Bar. As such, this Court holds that the Petitioner shall not be evicted without following the due process of law and without issuing any notice to him. It is needless for this Court to make a significant mention that if the Petitioner makes a written representation on receipt of notice, then the Respondent/Panchayat is to consider the same in a fair objective and dispassionate fashion and thereupon to pass a reasoned order on merits in the manner known to law and in accordance with law. 9. With these observations, the writ petition is disposed of.
9. With these observations, the writ petition is disposed of. However, there shall be no order as to costs.