G.BHUVANESHWARI Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the order dated 06.01.2017 passed in Na.Ka.P1/54/2017 by the third respondent and quash the same, by way of issuing a writ of certiorari.

(2.) It is averred in the petition that the third respondent even without surveying Survey No.1031 in the presence of the petitioner has issued the impugned notice as if the petitioner has encroached a portion of the same. Further the petitioner is the owner of Survey No.1032/2B1F and the same is situate immediately on the western side of Survey No.1031. Under the said circumstances, the notice dated 06.01.2017 is totally illegal and the same is liable to be quashed.

(3.) The learned counsel appearing for the petitioner has contended to the effect that immediately on the western side of Survey No.1031, the property of the petitioner in Survey No.1032/2B1F is situate and in fact the petitioner has not made any encroachment and the real encroachers are Srirengammal and others and under the said circumstances the impugned notice dated 06.01.2017 is liable to be quashed.