Madras High CourtWP(MD)/1522/2024disposed of

P.Siva Kumar v. The District Collector

2024-01-24Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P(MD)No.1526 of 2024 P.Sivakumar ... Petitioner -Vs1.The District Collector, Madurai District, Collectorate, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Melur (or) Narasingampatty, Madurai District.

3.Pushpam ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the e.f.vz;.6611/2023/rp dated 11.12.2023 impugned proceedings being held passed by the second respondent and quash the same as void and illegal and thereby directing the second respondent not to make an further enquiry on the e.f.vz;.6611/2023/rp. 1/4

For Petitioner : Mr.B.Charmurugan For Respondents : Mr.D.Gandhi Raj Special Govt. Pleader (for R1 & R2)

ORDER

The writ petition is filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings in e.f.vz;.6611/2023/rp dated 11.12.2023 passed by the second respondent and quash the same as void and illegal and thereby direct the second respondent not to make further enquiry.

2. Mr.D.Gandhi Raj, learned Special Government Pleader takes notice for the respondents 1 and 2. Considering the nature of the order proposed to be passed, protecting the interest of the third respondent also, notice to her is dispensed with. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is seen that the second respondent has issued impugned notice dated 11.12.2023 to the petitioner to appear before him for enquiry. Since it 2/4

is only a notice for enquiry, it cannot be stayed at this stage. Therefore, without going into the merits of the matter, the petitioner is directed to appear before the second respondent for enquiry on the next hearing date. After enquiry, the second respondent shall pass appropriate orders on merits and in accordance with law, after giving notice to the interested parties, within a period of four weeks.

4. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No skn To 1.The District Collector, Madurai District, Collectorate, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Melur (or) Narasingampatty, Madurai District.

3/4

V.BHAVANI SUBBAROYAN, J.

skn and W.M.P(MD)No.1526 of 2024 24.01.2024 4/4