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2014 DIGILAW 3636 (MAD)

P. Perumal v. District Collector, Theni

2014-09-25

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment R. Mahadevan, J. 1. This Writ Petition has been filed praying to issue a Writ of Certiorari to call for the records relating to the show cause notice issued by the third respondent, dated 14.07.2014 and quash the same. 2. The sum and substance of the Writ Petition is as follows:- 2.1. In an earlier round of litigation in W.P.(MD).No.8621 of 2014, dated 28.05.2014, this Court directed the authorities therein to consider the representation of one S. Balamurugan, dated 17.05.2014, and pass appropriate orders, within a period of one month from the date of receipt of the copy of the order. In compliance of the said order, the respondents issued the present impugned notice, against the petitioner, dated 14.07.2014, whereby, the respondents directed the petitioner herein to evict the premises in question and hand over the possession. Questioning the action of the respondents, the petitioner has come up with the present Writ Petition. 3. The main grievance of the petitioner is that without following the procedures established under the provisions of the Tamil Nadu Land Encroachment Act, 1905, the third respondent had issued the impugned order, dated 14.07.2014. He further submitted that no prior notice had been issued to the petitioner, before issuing the impugned proceedings, directing the petitioner to vacate the premises in question. 4. The learned counsel appearing on behalf of the respondents submitted that the impugned proceedings issued by the third respondent, dated 14.07.2014, may be treated as a 'notice', issued under the provisions of Section 7 of the Act and the petitioner may be directed to submit an explanation to the said notice, within a period of two weeks from the date of receipt of a copy of this order. 5. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, we find it appropriate to hold that the impugned proceedings issued by the third respondent, dated 14.07.2014, may be treated as a 'notice', issued under Section 7 of the Act and the petitioner is permitted to submit his explanation to the said notice, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the explanation to be submitted by the petitioner, the third respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of four weeks, thereafter. However, if the petitioner fails to submit his explanation, within the time limit stipulated by this Court, the respondents may evict the petitioner, forthwith, in the manner known to law. 6. The Writ Petition stands disposed of, with the above directions. Consequently, the connected miscellaneous petitions are closed. No costs.