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S.Vairamuthu vs The District Collector

Madras High Court|13 September, 2017

JUDGMENT / ORDER

[Order of the Court was delivered by G.R.SWAMINATHAN,J.] The Writ Petitioner challenges the communication dated 18.08.2017 issued by the third respondent to the second respondent. The third respondent has called upon the second respondent herein to give him sufficient assistence to remove the encroachment said to have been committed by the petitioner in survey No.1441/66 in Karivalamvanthanallur Village, Sankarankoil Taluk, Tirunelveli District.
2.The communication is said to be issued pursuant to the order made in W.P.(MD)No.8264 of 2017. We perused the said order. The Writ Petition was filed by one P.Paramasivan. But the same was withdrawn and the order dismissing the Writ Petition is withdrawn has been misconstrued as a direction to clear the encroachment.
3.That apart the communication which clearly would prejudice the Writ Petitioner has been issued behind his back without sending notice to him. Therefore, we quash the impugned communication dated 18.08.2017 issued by the third respondent. The matter is however remitted to the file of the third respondent with liberty to proceed afresh in accodance with law.
4.The Writ Petition is allowed as indicated above. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The District Collector, Collectorate, Tirunelveli District.
2.The Tahsildar, Sankarankovil, Tirunelveli District.
3.The Block Development Officer, Village Panchayat, Sankarankovil Taluk, Tirunelveli District.
4.The Special Officer, Karivalmvanthanallur Panchayat, Sankarankovil, Tirunelveli District.
.
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Title

S.Vairamuthu vs The District Collector

Court

Madras High Court

JudgmentDate
13 September, 2017