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Madras High CourtWP/23667/2023disposed of

M.Amudha v. The Commissioner

2023-08-11Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Amudha : Petitioner versus The Commissioner, Corporation of Coimbatore, Coimbatore 641 001 : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the entire proceedings of the impugned order in Na.Ka.No.6535/2023/H2/E dated 10.07.2023 passed by the respondent and quash the same.

For the Petitioner :

Mr.K.Thilageswaran For the Respondent :

Mr.K.M.D.Muhilan, Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Thilageswaran, learned counsel for the petitioner and Mr.K.M.D.Muhilan, learned Standing counsel for the respondent.

2. Learned counsel for the petitioner submits that prior to the impugned notice being issued, no show-cause notice was issued to the petitioner and no opportunity was given to the petitioner.

3. We have heard learned counsel for the respondent.

4. It does not appear to be a disputed fact that prior to the impugned order being issued, no show-cause notice was issued to the petitioner and no opportunity of hearing was given to the petitioner to put-forth her stand.

5. In light of that, we pass the following order: "(i) The impugned order to be construed as a show-cause notice;

(ii) The petitioner shall file a reply to the same. The respondent may consider the reply filed by the petitioner and take a decision afresh; (iii) In case the respondent wants to issue a fresh notice under any other provisions of law, respondent is at liberty to do so."

6. With the aforesaid observation, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.23177 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 11.08.2023 Index : Yes/No : Yes/No tar To The Commissioner, Corporation of Coimbatore, Coimbatore 641 001

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 11.08.2023