1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD)No.5395 of 2011 and M.P.(MD)No.2 of 2011 1.M.Ganesan 2.M.Krishnan 3.M.Dhandapani 4.M.Nagarajan : Petitioners Vs. 1. The District Collector, Karur District, Karur. 2. The Thasildar, Aravakurichi Taluk, Karur District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.A1/3769/2010, dated 21.04.2011, passed by the second respondent and quash the same as illegal and thereby, directing the respondents to follow the contemplated provisions, under law as already decided by this Court. For Petitioners : Mr.F.X.Eugene For Respondents : Mr.K.Mahendran Special Government Pleader ******* ORDER ***** [Order of the Court was made by M.M.SUNDRESH, J.] The Writ Petition in W.P.(MD)No.8413 of 2010 has been filed at the instance of a third party, by name Palanisamy, seeking a direction to the first respondent herein to dispose of the representation dated 21.05.2010 sent by the petitioner therein along with other villagers. 2. Considering the relief sought for in the said Writ Petition, this Court, in and by the order dated 04.08.2010, has passed the following order: https://hcservices.ecourts.gov.in/hcservices/ 2 "Though this writ petition is filed for the issue of a writ of Mandamus directing the first respondent to dispose of the common representation sent by the petitioner along with other villagers on 21.05.2010, to meet the ends of justice, the first respondent is directed to consider and pass orders on the representation dated 09.07.2010 submitted by the residents of Venchamaankoodalur and Keezhbagam Villages, in accordance with law, following the procedure contemplated under the relevant rules and after providing a reasonable opportunity to all the parties concerned, within a period of ten weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs." 3. In pursuant to the orders passed by this Court in W.P.(MD). No.8413 of 2010, dated 04.08.2010, the order impugned has been passed by the second respondent intimating the petitioners that no encroachment shall be made in the land situated in Survey No.1568/2A1 of Venchamaankoodalur Village, Aravakurichi Circle, Karur District, failing which, action will be taken under the criminal law. Challenging the same, the petitioners have come forward with the present Writ Petition. 4. As submitted by the learned counsel appearing for the petitioners, the order impugned passed by the second respondent dated 21.04.2011 is liable to be set aside for not complying with the direction issued by this Court. This Court, while passing orders, has specifically stated that the procedure contemplated under the relevant rules will have to be followed and the parties, who are said to be in encroachment, will have to be given sufficient opportunity before taking appropriate action. Admittedly, such direction issued by this Court has not been complied with and the petitioners have not been given any opportunity of being heard before passing the order impugned in the present Writ Petition. 5. In view of the above, the order impugned passed by the second respondent dated 21.04.2011 is hereby set aside and the petitioners are hereby directed to give a suitable representation by way of a reply to the second respondent, within a period of four weeks from the date of receipt of a copy of this order. After considering the said representation of the petitioners, the second respondent shall pass appropriate orders in accordance with the direction issued by this Court in W.P.(MD)No.8413 of 2010, dated 04.08.2010. The second respondent shall complete the said exercise within a period of eight weeks from the date of receipt of such representation from the petitioners. 6. The Writ Petition stands allowed to the extent indicated above. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Collector, Karur District, Karur. 2. The Thasildar, Aravakurichi Taluk, Karur District. + 1 cc to Mr.F.X.Eugene, Advocate, SR No.22109 + 1 cc to The Special Government Pleader, SR No.22344 Order made in W.P.(MD)No.5395 of 2011 Dated:- 08.07.2011 SML RJ/20.7.11 3p/5c https://hcservices.ecourts.gov.in/hcservices/