M/S.Subrahmaneswara Plastic Scrap Industry v. The Shadnagar Municipality

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11598 OF 2016 ORDER:

Heard Sri K. Chidambaram, learned counsel for the petitioner, and Sri N. Praveen Kumar, learned Standing Counsel for the respondent Municipality.

Challenge in this writ petition is to the notice dated 25.02.2016 issued by the Shadnagar Municipality, Mahabubnagar District, directing the petitioner industry to close down its recycling factory immediately failing which action was proposed to be taken under the provisions of the A.P. Municipalities Act, 1965. Sri K. Chidambaram, learned counsel for the petitioner, would contend that no prior notice was given to the petitioner industry and it was directed to close down its factory immediately without due opportunity of hearing.

Sri N. Praveen Kumar, learned Standing Counsel, fairly concedes that no prior notice was given to the petitioner industry before the impugned notice dated 25.02.2016 was issued. In that view of the matter, the writ petition is disposed of directing the parties to treat the impugned notice dated 25.02.2016 as a show-cause notice and the petitioner is permitted to file its response thereto within ten days from today. All issues are left open and the Commissioner, Shadnagar Municipality, shall consider the response of the petitioner filed within the time stipulated above and take appropriate action thereon in accordance with law. No coercive steps shall be taken pending this exercise.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 7th April, 2016 Note:- Issue CC today.

B/o PGS/IBL