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Judgment
G.R.Swaminathan, J
The petitioner owns the property comprised in S.No.3, Block No.19, Ward D (Old S.No.396), Laws Ghat Road, Kodaikanal. The petitioner states that by the impugned communication dated 10.08.2018, the petitioner has been called upon to vacate from the building in question. The impugned notice reads that the petitioner has encroached the burial ground belonging to the Government and put up a construction therein. Questioning the same, this writ petition has been filed.
2.The learned counsel appearing for the writ petitioner challenges the impugned order primarily on the ground that it does not follow the procedure laid down by the Hon'ble Full Bench of this Court reported in 2005 (2) CTC 741 in the case of Ramaraju Vs State of Tamil Nadu. The petitioner has not been put on notice. More than anything else, it gives only 24 hours to vacate.
3.We are in agreement with the learned counsel for the petitioner as regards the technical faults attributed to the respondents. The decision of the Hon'ble Full Bench has not been followed. It is not clear as to whether the petitioner is guilty of having encroached the Government property or as to whether the petitioner put up an unauthorised construction. Therefore, there is substance in the contention that the impugned order suffers from non application of mind.
4.Therefore, the order impugned in this writ petition is quashed. This writ petition is allowed. The matter is remitted to the file of the first respondent to pass orders afresh and in accordance with law.
5.It is made clear that this Court has not gone into the merits of the matter. It has only remitted the matter to the file of the municipal authority. The municipal authority will not give an quietus to the issue by taking shelter behind this order. The municipal authority have to have a re-look at the entire issue. If the petitioner is at fault, he shall be dealt with by following due process of law. The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order.
6.Therefore, this writ petition is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.