The necessity to state reasons as per the statutory provisions is an indispensable part of a sound judicial system.

This Writ Petition is directed against the order dt. 212. 2008 on the file of the First Respondent whereby the petitioner was directed to vacate the property in T.S.No.H/1/10 Part with measurement 36.9 X 6.1 equivalent to 225.1 m2 in Pondicherry Municipality.

Factual Matrix:

2. The first respondent as per notice in form ’A’ dt.18. 2008 initiated eviction proceedings against the petitioner. On receipt of the notice, the petitioner submitted his explanation on 9. 2008 and the same was received by the first respondent on 9. 2008. Subsequently the second respondent as per notice dt. 11. 2008 called upon the petitioner to appear for an enquiry on 111. 2008. Since the petitioner was not in a position to appear on the date of enquiry, he submitted a letter of request for adjournment and the same was granted and enquiry was re-posted to 20.11.2008. Though the petitioner appeared in the office of the second respondent on 20.11.2008, no enquiry was conducted and there was no response either from the respondents or from their office and as such he left the office. In the meantime he received the impugned order dt. 212. 2008 calling upon him to remove the encroachment within 35 days, and in the column earmarked for reasons, it was found mentioned as the failure of the petitioner to attend the enquiry. According to the petitioner, the property absolutely belongs to him and the same is also evident from prior legal proceedings. Therefore he seeks to quash the impugned order presumably on the ground of violation of the principles of natural justice.

3. Heard Mr. V. Raghavachari, the learned counsel for petitioner and Mr.R. Natarajan, Learned Additional Government Pleader for Pondicherry, appearing on behalf of the respondents. By consent the Writ Petition itself is taken up for disposal.

Submissions:

4. The learned counsel for the petitioner contended that no effective opportunity was granted to the petitioner to submit his version, before passing the impugned order. According to the learned counsel there was no act of encroachment on the part of the petitioner and the petitioner had documentary evidence to prove his contention and denial of opportunity to substantiate his contention vitiates the order, and prayed for a personal hearing after setting aside the impugned order.

5. Thiru. R. Natarajan, Learned Additional Government Pleader for Pondicherry submitted that the petitioner is in unlawful possession of Municipal land in a prime locality and it was only for the purpose of laying a road for the general public that the municipality initiated proceedings for eviction. According to the learned Additional Government Pleader, there is no equity in favour of the petitioner, he being a rank trespasser. The learned Additional Government Pleader further submitted that reasonable opportunity was given to the petitioner to submit his version and though he was called for an enquiry, he failed to appear and as such the authorities have no other option than to pass final orders and accordingly he prayed for dismissal of the writ petition.

Analysis:

6. On a perusal of the impugned order, I am of the view that there is no need to consider the merits of the claim made by the petitioner and the act of encroachment alleged by the respondents, as there is no mention in the impugned order about the reason for passing the order of eviction.

7. Admittedly notice was issued to the petitioner in Form ’A’ and a reply was also submitted by the petitioner to the said notice. Subsequently notice of enquiry was issued and enquiry was adjourned at the request of the petitioner. It is the case of the petitioner that no further enquiry was conducted, though he appeared before the second respondent on 20.11.2008. According to the respondents the petitioner failed to avail the opportunity of personal hearing which made them to pass an exparte order of eviction.

Statutory Provisions:

8. Chapter XVII of the Pondicherry Municipalities Act 1973 (Hereinafter refe