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Madras High CourtWP(MD)/1799/2020allowed

S. Thangathurai v. The Dist.Collector

2023-03-10Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) No.1539 of 2020 S.Thangathurai ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District.

2.The Deputy Collector, Ramanathapuram Region, Ramanathapuram.

3.The Tahsildhar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.

4.S.Mohideen Samboo ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the

records pertaining to order passed by the second respondent in his proceedings in Na.Ka.No.A5/5895/2019 dated 10.01.2020 and quash the same as illegal and arbitrary and consequently, directing the respondents carefully considered the petitioner's request dated 16.11.2019. For Petitioner :

Mr.R.Manickam For R1 to R3 :

Mr.A.Sivanupandian Government Advocate For R4 :

Mr.T.Thirumurugan

ORDER

The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India calling for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.A5/5895/2019, dated 10.01.2020 and quash the same as illegal and arbitrary and consequently, directing the respondents carefully to consider the petitioner's request dated 16.11.2019.

2. The grievance of the petitioner is that the impugned order has been passed without issuing any notice to him and also he was not afforded with opportunity of personal hearing.

3. A perusal of the impugned order would also confirm the said fact. Therefore, the Writ Petition is allowed and the impugned order passed by the second respondent in Na.Ka.No.A5/5895/2019, dated 10.01.2020, is quashed. The second respondent is directed to conduct an enquiry afresh after giving due notice to the petitioner and after affording opportunity of personal hearing to petitioner. The said exercise shall be done within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

10.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

To 1.The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District.

2.The Deputy Collector, Ramanathapuram Region, Ramanathapuram.

3.The Tahsildhar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.

P.T.ASHA, J.

cp Dated: 10.03.2023