[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner challenges the order dated 17.07.2017 issued by the second respondent herein, directing the removal of the encroachment in Survey No.1098/2A, 48 C, Pamban Group, Pamban Village, Ramanathapuram District.
2.It is mentioned in the impugned order that coercive action will be taken against the ?petty shop? in D.No.3/1441, if the encroacher does not voluntarily clear the encroachment within three days from the date of receipt of a copy of the notice.
3.Similar orders were passed in respect of other encroachers and the said orders were sustained by this Court in other writ petitions.
4.However, the learned counsel appearing for the writ petitioner would submit that the impugned order deserves to be set aside, as it suffers from complete non-application of mind and besides, it is also a nullity. According to the writ petitioner, notice was issued in the name of Sahubar, who is none other than the father of the writ petitioner but who passed away long ago. At present, his son Sulthan Ibrahim, the writ petitioner herein is in occupation of the said shop. When the show cause notice was issued in the name of his dead father, the writ petitioner pointed it out. Without even taking note of this aspect, final order has been passed by the second respondent herein again in the name of the father of the writ petitioner, who is no more. According to the learned counsel for the writ petitioner, this shows the non-application of mind on the part of the second respondent and it is clear that the second respondent has acted mechanically.
5.We have considered the above submissions and perused the materials available on record.
6.As rightly contended by the learned counsel for the petitioner, the impugned notice has been issued in the name of a dead person. On this sole ground alone, the impugned order dated 17.07.2017 is quashed and the matter is remitted to the file of the second respondent with a direction to issue a fresh notice in the name of the writ petitioner, hear the writ petitioner and thereafter pass a fresh order in accordance with law.
7.This writ petition is allowed as indicated above. No costs. Consequently, connected Miscellaneous Petitions are closed.
To:
1.The District Collector, Ramanathapuram, Ramanathapuram District.
2.The Commissioner, Mandapam Panchayat Union, Uchipuli, Ramanathapuram District.
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