1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.10353 of 2011 and M.P.No.1 of 2011 K.Pandiammal : Petitioner Vs. The Assistant Engineer, Public Works Department, Periyar Main Canal Division, Madurai. : 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 order of the respondent dated 27.08.2011 in Form No.III and quash the same. For Petitioner : Mr.J.Anandkumar For Respondent : Mr.K.Mahendran Special Government Pleader COMMON ORDER [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The grievance of the petitioner is that without giving show cause notice, the impugned order has been passed, directing her to remove the encroachment within 21 days. 3. It is seen that pursuant to the notice, the petitioner has, in fact, submitted her explanation. In such view of the matter, we are of the view that the respondent should be directed to consider the explanation offered by the petitioner and pass appropriate orders on merits within a stipulated time. 4. Accordingly, the Writ Petition stands disposed of with a direction to the respondent to consider the explanation of the petitioner and pass appropriate orders on merits and in accordance with law, after giving opportunity to the petitioner, within a period https://hcservices.ecourts.gov.in/hcservices/ 2 of six weeks from the date of receipt of the copy of the order. Till such orders are passed by the respondent, status-quo as-on-date in respect of the possession of the petitioner shall be maintained. It is needless to say that the petitioner shall co-operate in the enquiry. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Assistant Engineer, Public Works Department, Periyar Main Canal Division, Madurai. +one cc to Special Government Pleader, Sr.No. 31039 ORDER MADE IN W.P.(MD).No.10353 of 2011 12.09.2011 NB SMA/26.9.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/