1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.5118 of 2011 and M.P.No.1 of 2011 A.Dhinakaran :Petitioner -Vs- The Assistant Divisional Engineer (Highways), Construction & Maintenance, Nagercoil, Kanyakumari District. :Respondent 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 the impugned order issued by the respondent Assistant Divisional Engineer (Highways) in proceedings No.Nil, dated 15.04.2011 and quash the same. For Petitioner : Mr.E.V.N.Siva For Respondent : Mr.R.Karthikeyan Additional Government Pleader ORDER [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed challenging the eviction order dated 15.04.2011 issued by the respondent herein. 2.From a perusal of the order, 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 order has been passed. Apart from this, there are no particulars given by the respondent with regard to the alleged encroachment made by the petitioner. What is stated in the impugned order is as follows:- "...mf!;j P! ;tuk; tl;lk;. bfhl;lhuk; fpuhkk; tl;lf;nfhl;il – bfhl;lhuk; - mf!;j P! ;tuk; rhiy fp.kP 4/6 – y; 110m2 tp!;j Puzk; bfhz;l beL";rhiyj;Jiwf;F cl;gl;l gFjpia jh';fs; Mf;fpukpj;J tPL fl;o itj;J cs;s Pu ;fs; vd ehfu;nfhtpy; (be). fl;Lkhdk; kw;Wk; guhkupg;g[ cl;nfhl;l cjtpf;nfhl;lg; bghwpahsuhfpa ehd; fUJfpnwd; ...."" https://hcservices.ecourts.gov.in/hcservices/ 2 3. 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 individual without providing a reasonable opportunity. Consequently, the impugned order dated 15.04.2011 is set aside. However, liberty is granted to the respondent to pass appropriate orders with all relevant particulars. The Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: The Assistant Divisional Engineer (Highways), Construction & Maintenance, Nagercoil, Kanyakumari District. +1CC to M/s.EVN.Siva, Advocate. SR.No.17779. +1CC to The Special Government Pleader. SR.No.17678. NB RP/17.06.2011/2P/4C. ORDER MADE IN W.P.(MD).No.5118 of 2011 08.06.2011 https://hcservices.ecourts.gov.in/hcservices/