1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).Nos.6046 to 6053 of 2011 and M.P.Nos.1,1,1,1,1,1,1 and 1 of 2011 J.Arul Rajadurai @ Jeba : Petitioner in W.P.(MD).No.6046 of 2011 Anthony Fathima : Petitioner in W.P.(MD).No.6047 of 2011 P.Rajalingam : Petitioner in W.P.(MD).No.6048 of 2011 S.Rethnaswamy : Petitioner in W.P.(MD).No.6049 of 2011 N.Subramanian : Petitioner in W.P.(MD).No.6050 of 2011 Pandarathy : Petitioner in W.P.(MD).No.6051 of 2011 K.Sugalakshmi : Petitioner in W.P.(MD).No.6052 of 2011 C.Thangaswami : Petitioner in W.P.(MD).No.6053 of 2011 Vs. The Assistant Divisional Engineer (Highways), Construction & Maintenance, Nagercoil, Kanyakumari District. : Respondent in All Writ Petitions PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned orders issued by the respondent Assistant Divisional Engineer (Highways) in proceedings No.Nil, dated 15.04.2011 and quash the same. For Petitioners : Mr.E.V.N.Siva For Respondent : Mr.K.Mahendran Special Government Pleader COMMON ORDER [Common Order of the Court was made BY K.SUGUNA, J] Since a common issue is involved, all the Writ Petitions were heard together and they are disposed of by means of this Common Order. 2. These Writ Petitions are filed challenging the eviction orders dated 15.04.2011 issued by the respondent herein. 3. From a perusal of the orders, under challenge, it is seen that the respondent has not even stated the name of the Act or the number of the Act, under which the impugned orders have been passed. Apart from this, there are no particulars given by the respondent with https://hcservices.ecourts.gov.in/hcservices/ 2 regard to the alleged encroachments made by the petitioners. What is stated in the impugned orders is as follows:- "...mf!;jP!;tuk; tl;lk;, bfhl;lhuk; fpuhkk; tl;lf;Bfhl;il – bfhl;lhuk; - mf!;jP!;tuk; rhiy fp.kP 4/6 - y; 45m2, 145m2, 120m2, 35m2, 71m2, 30m2, 90m2 kw;Wk; 130m2 tp!;jPuzk; bfhz;l beLq;rhiyj;Jiwf;F cl;gl;l gFjpia jhA;fs; Mf;fpukpj;J tPL fl;o itj;J cs;sPu;fs; vd ehfu;Bfhtpy; (be), fl;Lkhdk; kw;Wk; guhkupg;g[ cl;Bfhl;l cjtpf;Bfhl;lg; bghwpahsuhfpa ehd; fUJfpBwd;...."" 4. In our considered opinion, with the above particulars, a layman cannot give a reply to the authority concerned and basing on this, if any further action is taken by the authority concerned, it will amount to passing an order as against the concerned individuals without providing a reasonable opportunity. Consequently, the impugned orders dated 15.04.2011 passed by the respondent are set aside. However, liberty is granted to the respondent to pass appropriate orders with all relevant particulars. These Writ Petitions are disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Assistant Divisional Engineer (Highways), Construction & Maintenance, Nagercoil, Kanyakumari District. +1cc to Mr.E.V.N.Siva Advocate, Sr.No19412 +one cc to Special Government Pleader, Sr.No. 19225 COMMON ORDER MADE IN W.P.(MD).Nos.6046 to 6053 of 2011 and M.P.Nos.1,1,1,1,1,1,1 and 1 of 2011 20.06.2011 NB SMA/05.7.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/