N.Tirunavukkarasu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.Nos.4204 & 4205 of 2024 N.Tirunavukkarasu ... Petitioner Vs.

1.The District Collector, Tiruppur District, Tiruppur.

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

3.The President, Karaipudur Village Panchayat, Tiruppur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call upon the notice dated 10.07.2023 issued by the Karaipudur Village Panchayat (3rd

respondent herein) and quash the same as illegal, void and against the principles of equity and consequentially, direct the 3rd respondent to consider the petitioner's reply dated 17.07.2023. For Petitioner :

Mr.V.Regunathan For Respondents :

Mrs.V.Yamuna Devi Special Government Pleader

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Certiorarified Mandamus to call upon the notice dated 10.07.2023 issued by the Karaipudur Village Panchayat (3rd respondent herein) and quash the same as illegal, void and against the principles of equity and consequently, to direct the 3rd respondent to consider the petitioner's reply dated 17.07.2023. 2.It is seen that the petitioner is challenging the Show Cause Notice issued by the 3rd respondent alleging that the petitioner has put up construction for dyeing industry after obtaining planning permission for

construction of a godown for industrial purposes. Though the petitioner has raised several grounds, the petitioner has given a representation dated 17.07.2023 in response to the Show Cause Notice. The petitioner may challenge if an adverse order is passed by the 3rd respondent on merits. 3.Since the challenge in the present writ petition is only to the Show Cause Notice, giving liberty to the petitioner to raise all his objections and put forth his points on which he challenges the proposed action, this writ petition is dismissed. The 3rd respondent is directed to consider the reply/representation of the petitioner dated 17.07.2023 and give an opportunity of hearing to the petitioner before passing final orders pursuant to the impugned Show Cause Notice. No costs. Consequently, connected miscellaneous petitions are closed.

(S.S.S.R., J.) (N.S., J.) 20.02.2024 mkn Internet : Yes Index : Yes / No

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn To 1.The District Collector, Tiruppur District, Tiruppur.

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

3.The President, Karaipudur Village Panchayat, Tiruppur District.

20.02.2024