E.Karthik v. The Principal Secretary
W.M.P. No.13124 of 2025 in W.P.No.11613 of 2025 M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
[Order of the Court was made by M. SUNDAR, J.] This order will now dispose of the captioned 'Writ Miscellaneous Petition' [hereinafter 'WMP' for the sake of brevity]. 2.
Captioned WMP has been filed with a prayer to dispense with production of original impugned notice dated 07.01.2025 [hereinafter 'impugned notice' for the sake of brevity, convenience and clarity].
3.
Mr. M. Vijay Anand, learned counsel on record for writ petitioner, is before this Court.
4.
Learned counsel for writ petitioner, adverting to support affidavit, submitted that the original of the impugned notice dated 07.01.2025 was not served on the writ petitioners, instead, it was pasted at the writ petitioners' premises and hence, the writ petitioners are not able to file the original impugned notice. Learned counsel drew the attention of this Court to relevant part of support affidavit which reads as follows:
Page Nos.1/2 https://www.mhc.tn.gov.in/judis
M. SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad '22.
I humbly submit that the impugned show cause notice dated 07.01.2025 bearing notice no.997/Ch.Ku/2025 issued by the fifth respondent under Form II Rule 5(3) of the Tamil Nadu Protection of Tanks and Removal of Encroachment Act, 2007, was not duly served on us instead it has been pasted at our premises ..... and due to urgency , I am unable to get the original of the said show cause notice dated 07.01.2025. I may be dispensed with the production of the show cause notice dated 07.01.2025 bearing notice no.997/Ch.Ku/2025 issued by the fifth respondent under Form II Rule 5(3) of the Tamil Nadu Protection of Tanks and Removal of Encroachment Act, 2007.'
5.
In the light of the narrative thus far, dispense with prayer is acceded to. Captioned WMP is ordered as prayed for. [M.S., J.] [K.G.T., J.] 02.04.2025 cad W.M.P. No.13124 of 2025 in W.P.No.11613 of 2025 Page Nos.2/2 https://www.mhc.tn.gov.in/judis