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2025 DAILYLAW 60125 (MAD)

KALYANASUNDARAM v. THE EXECUTIVE OFFICER

WP/18943/2025 · 2025-05-22

G R Swaminathan, V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.18943 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.05.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No.18943 of 2025 and W.M.P.Nos.21233 and 21234 of 2025 K.Kalyanasundaram .. Petitioner vs The Executive Officer, Sarkarsamakulam Town Panchayat, Coimbatore District. .. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, calling for the records pertaining to the impugned eviction notice in Na.Ka.No.10/2024 dated 07.04.2025 issued by the respondent and quash the same. For Petitioner : Mr.M.Vijayaragavan For Respondent : Ms.R.L.Karthika Government Advocate 1/4 https://www.mhc.tn.gov.in/judis W.P.No.18943 of 2025 ORDER (Made by G.R.SWAMINATHAN., J.) Heard the learned counsel for petitioner and the learned Government Advocate for respondent. 2. By the impugned order dated 07.04.2025, the petitioner had been directed to remove the alleged encroachment. It is too obvious that it was not preceded by the prior show cause notice. There has been a clear violation of principles of natural justice. 3. The impugned order dated 07.04.2025 is set aside. Liberty is granted to the respondent to proceed afresh as per law after issuing show cause notice. 4. The writ petition is allowed. No costs. Consequently, the connected miscellaneous petitions are closed. [G.R.S.,J] [V.L.N.,J] 22.05.2025 Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order rsi/rka 2/4 https://www.mhc.tn.gov.in/judis W.P.No.18943 of 2025 To The Executive Officer, Sarkarsamakulam Town Panchayat, Coimbatore District. 3/4 https://www.mhc.tn.gov.in/judis W.P.No.18943 of 2025 G.R.SWAMINATHAN, J. and V. LAKSHMINARAYANAN, J. rsi/rka W.P.No.18943 of 2025 and W.M.P.Nos.21233 and 21234 of 2025 22.05.2025 4/4 https://www.mhc.tn.gov.in/judis