S.J. Mohan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.3464 of 2025 and W.M.P.(MD)No.2454 of 2025 S.J.Mohan ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Commissioner of Corporation, Madurai Corporation, Madurai City, Madurai.

3.The Assistant Commissioner of Corporation, Zone-3, Madurai Corporation, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice dated 23.01.2025 issued by the 3rd respondent and quash the same as illegal. For Petitioner : Mr.S.Vikram For R1 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 & R3 : Mr.S.Vinayak, Standing Counsel

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The petitioner challenges the notice issued under Section 128(b) of Tamil Nadu Urban Local Bodies Act, 1998, directing removal of the encroachment made by the petitioner, for which, he has to submit his objection / explanation. Instead of doing so, he has filed this Writ Petition. 3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the 1st respondent, submits that if the petitioner submits his objection / explanation, the same would be considered by the authorities concerned and thereafter only, necessary orders would be passed in accordance with law.

4.In view of the above, the petitioner is directed to submit his written objections to the authorities concerned within a period of one week from the date of receipt of a copy of this order. The authorities concerned, after receipt of the

same, consider and pass appropriate orders within a period of four weeks thereafter.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 07.02.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner of Corporation, Madurai Corporation, Madurai City, Madurai.

3.The Assistant Commissioner of Corporation, Zone-3, Madurai Corporation, Madurai.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.3464 of 2025 07.02.2025