Vetrivel v. The Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.4449 and 4451 of 2024 Vetrivel ... Petitioner Vs.

1.The Tashildar, Palani Taluk, Dindigul District.

2.The Executive Officer, Balasamudram Town Panchayat, Dindigul District.

3.J.Balu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records on the file of the 1st respondent in Na.Ka.No.5331/2023/C2 dated 20.09.2023 and quash the same as illegal and arbitrary. 1/4

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 and 2. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with.

2.It is beyond dispute that the impugned proceeding dated 20.09.2023 was issued without hearing the petitioner. On this sole ground of violation of principles of natural justice, it is set aside. The matter is remitted to the file of the first respondent to pass order afresh on merits and in accordance with law.

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3.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 29.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Tashildar, Palani Taluk, Dindigul District.

2.The Executive Officer, Balasamudram Town Panchayat, Dindigul District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 29.02.2024 4/4