Gopalakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.5412 of 2025 and W.M.P.(MD)No.3962 of 2025 Gopalakrishnan ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Tallakulam, Madurai City.

3.The Assistant Commissioner, Division-5, West, Thiruparankundram, Madurai City.

... 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 order in M5E3/007528/2024, dated 04.02.2025 passed by the 3rd respondent and quash the same as unconstitutional and arbitrary.

For Petitioner : Mr.S.Muniyandi For R1 : Mr.S.S.Madhavan, Additional Government Pleader For R2 & R3 : Mr.P.Anbunithi, 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 eviction notice issued by the 3rd respondent dated 04.02.2025 is under challenge in this Writ Petition.

3.Heard Mr.S.Muniyandi, learned counsel for the petitioner, Mr.S.S.Madhavan, learned Additional Government Pleader, who takes notice for the 1st respondent, Mr.P.Anbunithi, learned Standing Counsel, who takes notice for the respondents 2 and 3 and perused the materials available on record, particularly, the impugned notice of the 3rd respondent dated 04.02.2025.

4.On perusal, this Court is of the view that the impugned notice is bereft of any particulars. Therefore, on this ground, the same is liable to be set aside, accordingly, it is set aside. This Writ Petition is allowed with a direction to the 3rd respondent to issue fresh notice to the petitioner by stating all the particulars, for which, the petitioner shall give his reply. On receipt of such reply, the 3rd respondent is directed to pass appropriate orders on its own merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B., J.] & [S.S.Y., J.] 28.02.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Tallakulam, Madurai City.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva 3.The Assistant Commissioner, Division-5, West, Thiruparankundram, Madurai City.

W.P.(MD)No.5412 of 2025 28.02.2025