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Madras High CourtWP/5781/2021disposed of

K.Geetha Parvathy v. The Sub Collector

2021-03-09Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2021 CORAM: JUSTICE N.SESHASAYEE W.P.No.5781 of 2021 and W.M.P.Nos.6378 & 6379 of 2021 K.Geetha Parvathy

...Petitioner

-Vs1.The Sub Collector, Mettur, Salem District.

2.The Tahsildar, Omalur Taluk, Omalur, Salem District.

3.M.Sridhar

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the proceedings of the first respondent dated 13.11.2020 in Na.Ka.2316/2020-B and quash the same.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.S.N.Parthasarathy, GA for R1 & R2

ORDER

This Writ Petition is filed for a writ of certiorari to call for the records relating to the proceedings of the first respondent dated 13.11.2020 in Na.Ka.2316/2020-B and quash the same.

2.The learned counsel for the petitioner submits that vis-a-vis the representation/application given by the third respondent to the first respondent, notice appears to have been issued to the third respondent on 13.11.2020.

3. The learned counsel for the petitioner challenges the said notice and now submits that the concerning subject matter is an intermittent enquiry on the said notice. The petitioner also need to be heard, since the petitioner is the adjacent neighbour of the third respondent.

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4. Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the respondents 1 and 2. He made a submission on instructions that the petitioner has also been issued with a notice.

5. Now, the first respondent is directed to issue notice both to the petitioner and the third respondent and also such other persons who are likely to be affected by his action and provide them a fair and effective hearing and fix a date for fresh enquiry some time during the last week of May 2021 (after the conclusion of the General Elections to the Legislative Assembly - 2021).

6.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Sub Collector, Mettur, Salem District.

2.The Tahsildar, Omalur Taluk, Omalur, Salem District.

+1cc to Mr.K.Selvaraj, Advocate SR.NO..14770 +1cc to The Government Pleader SR.NO..15406 AKM/01.04.21/2P-5C/ Order made in W.P.No.5781 of 2021 and W.M.P.Nos.6378 & 6379 of 2021 09.03.2021 https://hcservices.ecourts.gov.in/hcservices/