ALLAH PITCHAI Vs. MUNICIPALITY COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed by the petitioner as against the order of the first respondent in Na.Ka.No.3816/2019/F1, dated 29.10.2020, in and by which, the petitioner was directed to remove the encroachment made by him in Thenvadal Street, Puliyankudi Municipality, Tenkasi District.

(2.) According to the petitioner, he is residing in Door No.68, Chithamparaperi Thenvadal Street, Puliyankudi, Tenkasi District and he is in peaceful possession of the same. However, at the instance of the second respondent, the first respondent has issued the impugned notice, without even signing the notice, that the petitioner is an encroacher. In fact, it is the second respondent, who has encroached the Government land, however, the impugned notice came to be issued as against the petitioner, that too, without affording him an opportunity of personal hearing.

(3.) Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who took notice on behalf of the 1st respondent.