← Library
Madras High CourtWP/36350/2023disposed of

Sellammal v. Commissioner, Mettur Municipality

2024-03-28Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY SELLAMMAL .. Petitioner Vs

1. THE COMMISSIONER, METTUR MUNICIPALITY METTUR DAM - 636401.

2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, METTUR DAM - 636401.

3. MADHU @ MADHESWARAN .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1 and 2 to conduct an enquiry on the basis of reply submitted by the petitioner to the notice dated 09.11.2023.

For the Petitioner : Mr.R.Subramanian For the Respondents : Mr.L.P.Maurya for respondents 1 and 2

: Mr.Athiban Vijay for 3rd respondent

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.R.Subramanian, learned counsel for the petitioner; Mr.L.P.Maurya, learned counsel for respondents 1 and 2; and Mr.Athiban Vijay, learned counsel for the third respondent.

2. A prayer is made to conduct an inquiry on the basis of the reply submitted by the petitioner to the notice dated 9.11.2023/ 15.12.2023.

3. Learned counsel for the petitioner submits that reply is already filed by the petitioner to the said notice.

4. Learned counsel for respondents 1 and 2 submits that there is no acknowledgement of the reply submitted by the petitioner.

5. The petitioner may once again file a reply to the notice

dated 9.11.2023/15.12.2023 within fifteen days from today along with all the documents on which the petitioner relies. The impugned notice shall be construed as a show cause notice. The respondent authorities shall consider the reply and documents filed by the petitioner and take a decision afresh on merits and in accordance with law.

The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.36333 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index :

Yes/No Yes/No sasi To

1. THE COMMISSIONER, METTUR MUNICIPALITY METTUR DAM - 636401.

2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, METTUR DAM - 636401.

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

(sasi) 28.03.2024