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Madras High CourtWP(MD)/7965/2018allowed

M.Murugandi v. The Commissioner

2018-04-27Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7965 of 2018 and W.M.P.(MD) No.7574 of 2018 M.Murugandi ... Petitioner vs.

The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.

... Respondent PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to impugned order Na.Ka.No. 3022/2017/A1 dated 09.04.2018 of the respondent herein and quash the same.

For Petitioner :

Mr.T.Pon Ramkumar For Respondent :

Mr.J.Parekhkumar

O R D E R

This writ petition has been filed to call for the records relating to impugned order Na.Ka.No. 3022/2017/A1, dated 09.04.2018, of the respondent and to quash the same.

2.One of the main grounds in this writ petition is that before passing the impugned order no opportunity was given to the writ petitioner.

3.Today when the matter is taken up for hearing, the learned counsel for the respondent submitted that the respondent had not issued any notice or opportunity to the writ petitioner and he further submitted that the present proceeding may be quashed and the matter shall be remitted back to the respondent and to enable them to issue a show cause notice by way of giving an opportunity to the writ petitioner and thereafter take appropriate action. 4.Recording the submission made by the learned counsel for the respondent the impugned order dated 09.04.2018 in Na.Ka.No.3022/2017/A1 is set aside and the matter is remitted back to the respondent and the respondent is directed to issue a show https://hcservices.ecourts.gov.in/hcservices/

cause notice by way of giving an opportunity to the writ petitioner and on receipt of his explanation further action shall be taken. 5.With these directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.

+1cc to Mr.T.Pon Ramkumar, Advocate, SR.No.64524. +1cc to Mr.P.Srinivas, Advocate, SR.No.64816. W.P.(MD) No.7965 of 2018 27.04.2018 mm RAM/JC/SAR 3/22.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/