1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 23..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)Nos.6206 and 6207 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 S. Alexander Thambiraj, S/o. Samuvelraj, V.140, Main Road, Kumarapuram Thoppur, Marungur Post, Nagercoil, Kanyakumari District. ..... Petitioner in W.P.MD)No.6206 of 2011 N. Samuelraj, S/o. Nallathambi, V.141, Main Road, Kumarapuram Thoppur, Marungur Post, Nagercoil, Kanyakumari District. .....Petitioner in W.P.(MD)No.6207 of 2011 - Vs - 1. The District Collector, District Collector Campus, Kanyakumari District. 2. The Assistant Divisional Engineer (Highways), Building and Maintenance, Nagercoil, Kanyakumari District. 3. The Thasildar, Agastheeswaram Taluk, Kanyakumari District. ...... Respondents in both W.Ps Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order in Ka.No.11/2011/A1 dated 31.05.2011 passed by the Respondent No.2 and quash the same as illegal and consequently direct the respondent No.3 to consider grant of patta within the time stipulated by this Hon'ble Court. For Petitioners :: Mr. T. Lajapathi Roy For Respondents :: Mr. K. Mahendran Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R (Order of the Court was delivered by K. SUGUNA, J.) These writ petitions have been filed challenging the order of the second respondent dated 31.05.2011, by which the petitioners are directed to remove the encroachments. 2. According to the learned counsel appearing for the petitioners, in the impugned orders, there is not even a whisper about the Act under which the same has been passed. Apart from this, according to the learned counsel appearing for the petitioners, even the particulars with regard to the place in which the encroachment has been made has not been spelt out in the impugned orders, consequently, the impugned orders are liable to be set aside. 3. A perusal of the impugned orders reveals that the stand of the learned counsel appearing for the petitioners has to be accepted. But, according to the learned Special Government Pleader appearing for the respondents, though on these grounds the impugned orders can be set aside, opportunity has to be given to the respondents to issue a fresh order in accordance with the Rules and Regulations. 4. In view of the above, the impugned orders of the second respondent in Ka.No.11/2011/A1 dated 31.05.2011 are set aside, however, with liberty to the respondents to issue a fresh order under the appropriate Act and Rules. With the above said direction, these writ petitions are disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)Nos.1 and 1 of 2011 are closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To: 1. The District Collector, District Collector Campus, Kanyakumari District. 2. The Assistant Divisional Engineer (Highways), Building and Maintenance, Nagercoil, Kanyakumari District. 3. The Thasildar, Agastheeswaram Taluk,Kanyakumari District. +2cc to Mr.T.Lajapathi Roy, Advocate, Sr.Nos.19867 & 19866 W.P.(MD)Nos.6206 and 6207 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 Dpn/-SMA/6.7.2011/6C/2P 23.06.2011 https://hcservices.ecourts.gov.in/hcservices/