1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9748 of 2011 and M.P.No.1 of 2011 Palaniappan : Petitioner Vs. 1.The Divisional Engineer, Highways, Karur Division, Karur. 2.The Assistant Divisional Engineer, Highways, Aravakurichi, Karur District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to impugned order passed by the second respondent in his proceedings in Ka.No.143/2011/A2, dated 22.08.2011 and quash the same. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Writ Petition is directed against the order of the second respondent dated 22.08.2011, by which the second respondent has directed the petitioner to remove the Tea Shop within a period of seven days on the ground that it is an encroachment. 3. It is seen that as per the earlier order of a Division Bench of this Court dated 18.07.2011 made in W.P.(MD).No.2238 of 2011, a direction was issued to treat the impugned notice as a show cause notice and the petitioner was also directed to give his explanation within a period of seven days and on receipt of such explanation, the second respondent was directed to consider the objections of the petitioner and pass appropriate orders. In the objections made by the petitioner on 01.08.2011, one of the objections was that the said Tea Shop was restored as per the earlier order of this Court and this Court has considered that there was no encroachment. According to the learned counsel for the petitioner, the said aspect has not been considered by the second respondent while passing the impugned order dated 22.08.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In such view of the matter, we are of the view that the second respondent must be directed to consider the objections submitted by the petitioner in its proper perspective before passing orders, especially, when there was an order of this Court. 5. Accordingly, the impugned order dated 22.08.2011 passed by the second respondent stands set aside and the matter is remitted back to the second respondent for a fresh consideration. Making it clear that while passing orders, the second respondent shall take note of the objections submitted by the petitioner dated 01.08.2011 and pass appropriate on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is needless to say that till such orders are passed by the second respondent, status-quo, which is in existence as-on-today, shall be maintained. The Writ Petition is allowed in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Divisional Engineer, Highways, Karur Division, Karur. 2.The Assistant Divisional Engineer, Highways, Aravakurichi, Karur District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, 29499 Nb SR : 07.09.2011 : 2p/4c ORDER MADE IN W.P.(MD).No.9748 of 2011 26.08.2011 https://hcservices.ecourts.gov.in/hcservices/