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Madras High CourtWP/25149/2021disposed of

K.V.Babu Engineering Works v. The District Collector

2022-12-16Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.25149 of 2021 & W.M.P.Nos.26518 & 26519 of 2021 K.V.Babu Engineering Works, Rep. by its Proprietor Mr.K.V.Babu, No.2/267A, J.V.N.Nagar, Anthiyur Village, Udumalpet - 642 122, Tiruppur District.

... Petitioner Vs

1. The District Collector, Tiruppur District.

2. The Block Development Officer, Udumalpet Panchayat Union, Udumalpet, Tiruppur District.

3. The Executive Officer, Anthiyur Village Panchayat, Anthiyur, Poolankinar Post, Udumalpet, Tiruppur District.

4. The President, Anthiyur Village Panchayat, Anthiyur, Poolankinar Post, Udumalpet, Tiruppur District.

5. The Panchayat Union, Udumalpet, Tiruppur District.

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6. V.Pradeesh ... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the fifth respondent in Na.Ka.No.1636/2021/Aa1, dated 11.11.2021 and quash the same and consequently directing the respondents 1 to 3 to adhere the Order of this Court made in W.P.No.14189 of 2021 dated 09.09.2021 with scruplessly by considering the petitioner representation dated 30.10.2021. For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.K.Karhick Jeganath Government Advocae - R1 Mr.S.J.Mohamed Sathik, Government Advocate - R2 to R5 Mr.S.Arjun - R6

ORDER

This Writ Petition has been filed to quash the proceedings of the fifth respondent dated 11.11.2021 and consequently direct the respondents 1 to 3 to adhere the Order of this Court made in W.P.No.14189 of 2021 dated 09.09.2021 scruplessly by considering the representation of the petitioner 2/5

dated 30.10.2021.

2. The only grievance of the petitioner is that despite the Order of this Court to consider the representation of the petitioner, without giving an opportunity to the petitioner, Order came to be passed by the fifth respondent.

3. Whereas, the learned Government Advocate appearing for the respondents submitted that despite notice given to the petitioner, the petitioner has not co-operated with the enquiry.

4. The learned counsel appearing for the petitioner submitted that he is having all relevant documents and he is ready to produce the documents before the respondents.

5. In such view of the matter, the petitioner is directed to appear before the second respondent on 03.01.2023 and produce all the relevant documents and on such production of the relevant documents including the valid permission, the second respondent shall pass fresh Orders on merits within a period of two months thereafter.

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6. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 16.12.2022 vrc To

1. The District Collector, Tiruppur District.

2. The Block Development Officer, Udumalpet Panchayat Union, Udumalpet, Tiruppur District.

3. The Executive Officer, Anthiyur Village Panchayat, Anthiyur, Poolankinar Post, Udumalpet, Tiruppur District.

4. The President, Anthiyur Village Panchayat, Anthiyur, Poolankinar Post, Udumalpet, Tiruppur District.

5. The Panchayat Union, Udumalpet, Tiruppur District.

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N.SATHISH KUMAR, J.

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