Manuel Iruthayanathan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Manuel Iruthayanathan ..

Petitioner Vs.

1. The Secretary Government of Tamil Nadu Rural Development and Panchayat Raj Fort St. George, Chennai.

2. The District Collector Thiruvallur District.

3. The Commissioner Kadambathur Panchayat Union Tiruvallur District - 631 203.

4. The Block Development Officer Village Panchayat, Kadambathur Tiruvallur.

5. The Panchayat President Ulunthai Village Panchayat Kadambathur Panchayat Union Tiruvallur - 602 105.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the impugned order of the 5th respondent Show Cause Notice No. 1/ 2022 - 2023 dated 17.02.2023 and quash the same as being without jurisdiction and consequently restrain the respondents from in any manner interfering with the peaceful operation and running of the factory in Survey No. 357, Ulunthai Main Road, Tiruvallur Taluk and District. For the Petitioner : Ms.Dakshayani Reddy Senior Counsel for Mr.Jerry V.V. Sundar For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Dakshayani Reddy, learned Senior Counsel appearing for Mr.Jerry V.V. Sundar, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 4.

2. Learned Senior Counsel for the petitioner submits that permission for the construction has been obtained. The show-cause notice is issued on an erroneous premise. There is no violation of the Building Rules nor of any other provisions.

3. The impugned notice is only a show-cause notice. The petitioner has an opportunity to file a reply to the said show-cause notice. The petitioner shall file a reply to the said show-cause notice within a period of fifteen days from today. If reply is filed within fifteen days, the authorities shall consider the same on its own merits and then take a final decision in accordance with law.

4. With these observations, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 (2/2) Index :

Yes/No :

Yes/No drm

To

1. The Secretary Government of Tamil Nadu Rural Development and Panchayat Raj Fort St. George, Chennai.

2. The District Collector Thiruvallur District.

3. The Commissioner Kadambathur Panchayat Union Tiruvallur District - 631 203.

4. The Block Development Officer Village Panchayat, Kadambathur Tiruvallur.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 08.02.2024 (2/2)