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2026 Supreme(Online)(Mad) 23558
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
M.Vasuki – Appellant
Versus
The District Collector, Erode, Erode District. – Respondent
WP No. 30416 of 2022|WMP Nos. 29847 and 29848 of 2022
For the Appellants/Petitioners: Mr.A.Sundara Vadhanan
For the Respondents: MR.T.Arun Kumar, Addl. Govt. Pleader
The court emphasized the necessity for proper procedure and documentation before eviction proceedings can commence against the petitioners.
Headnote:The Writ Petition was filed under Article 226 of the Constitution of India, challenging the eviction notice issued by the Executive Authority. The petitioners submitted an explanation against the notice, which the Authority was directed to consider. The Court allowed the petitioners to submit additional documents and directed the Authority to follow the relevant statutes before proceeding with eviction. The Writ Petition was disposed of accordingly without costs.
| Table of Content |
|---|
| 1. challenge to eviction notice and rights of petitioners. (Para 1 , 2) |
| 2. authority's obligation to adhere to procedure. (Para 3) |
(Order of the Court was made by S.M.Subramaniam J.)
The notice for eviction issued by the Executive Authority, Nasiyanoor Town Panchayat dated 13.09.2022 is under challenge in the present Writ Petition.
2. The learned counsel for the petitioners would submit that the explanation along with documents have already been submitted in response to the impugned notice. Therefore, the Authority competent has to consider the same and take final decision and proceed with the enforcement actions if any encroachment is identified.
3. In view of the said position, the petitioner is at liberty to submit one more copy of explanation along with documents to the Authority, who in turn is directed to complete the enforcement actions by following the procedures as contemplated under the Statue and Rules in force and thereafter, proceed with the eviction proceedings, if any encroachments are identified.
4. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
