Banu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 38697 of 2025 AND WMP NO. 43270 OF 2025 Banu W/o. Rose Achari, Otha Vadai Street, Kariyakudal Village, Nemli Taluk, Ranipet District.
..Petitioner Vs
1. The District Collector Ranipet, Ranipet District.
2. The District Revenue Officer Ranipet, Ranipet District.
3. The Thasildar Ranipet, Ranipet District.
4. The Executive Officer Nemli Town Panchayat, Ranipet District.
..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the entire records of the impugned notice issued by the 4th respondent in Na.Ka.No.215/2025 dated 23.09.2025. For Petitioner :
Mr. S.Karthikeyan For Respondents :
Ms.M.Jayanthy Additional Government Pleader - for RR 1 to 3 Mr.P.Anandakumar, Government Advocate - for R4
Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Certiorari to call for the entire records of the impugned notice issued by the 4th respondent in Na.Ka.No.215/2025 dated 23.09.2025.
2. As against the order passed by the fourth respondent dated 23.09.2025 under Section 128(1)(2) of the Urban Local Bodies Act 1998, the present writ petition has been filed.
3. Heard the learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader for the respondents.
4. Learned counsel for the petitioner pointed out that before issuance of the order dated 23.09.2025, no notice has been issued which is contemplated under the provisions of Section 128 of the Act and therefore, the impugned order is vitiated.
5. This position is not controverted by the learned Government counsel appearing for the respondents.
6. In that view of the matter, this writ petition is disposed of with the following orders.
(a) The impugned order dated 23.09.2025 shall be treated as a show cause notice within the meaning of Section 128 of the Urban Local Bodies Act, 1998 and within seven days from the date of receipt of a copy of this order, it is open to the petitioner to give a reply to the same by treating it as a show cause notice. (b)On receipt of such reply from the petitioner, the fourth respondent shall consider the same objectively and accordingly a final order can be passed on merits and in accordance with law thereafter.
(c) Till such time, no further coercive steps shall be taken pursuant to the impugned order.
7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (H.C.,J.) 14-10-2025 Index: Yes/No Speaking/Non-speaking order KST Note : Issue order copy on 15.10.2025
To
1. The District Collector Ranipet, Ranipet District.
2. The District Revenue Officer Ranipet, Ranipet District.
3. The Thasildar Ranipet, Ranipet District.
4. The Executive Officer Nemli Town Panchayat, Ranipet District.
R.SURESH KUMAR J.
AND HEMANT CHANDANGOUDAR J.
KST AND WMP NO. 43270 OF 2025 14-10-2025