Henreetha G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.6245 and 6246 of 2025 G.Henreetha ... Petitioner -vs1.The District Collector, Kanyakumari District at Nagercoil.

2.The Executed Officer, Puthukkadai Town Panchayat, Kanyakumari District.

3.Nagarajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice issued by the second respondent vide his proceedings Na.Ka.No. 556/2024/A dated 07.03.2025 and quash the same as illegal and consequently, direct the second respondent to consider the explanation submitted by the petitioner dated 20.12.2024.

For Petitioner : Mr.A.Balakrishnan For R1 : Mr.K.S.Selva Ganesan Additional Government Pleader For R2 : Mr.S.Kameswaran Government Advocate

ORDER

This Writ Petition has been filed seeking to quash the impugned notice issued by the second respondent vide his proceedings Na.Ka.No.556/2024/A dated 07.03.2025 and consequently, to direct the second respondent to consider the explanation submitted by the petitioner dated 20.12.2024.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the third respondent, notice to the third respondent is hereby dispensed with.

4. Seeking closure of the petitioner's septic tank, the second respondent issued a notice dated 13.11.2024. Thereafter, the petitioner submitted a representation to the second respondent on 20.12.2024. However, without

considering the same, the second respondent issued another notice on 07.03.2025, which is now being challenged in this writ petition.

4. Heard the learned counsel appearing for the parties.

5. Considering the facts and circumstances of the case, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 20.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the third respondent as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes / No 26.03.2025 Index : Yes / No

To:- 1.The District Collector, Kanyakumari District at Nagercoil.

2.The Executed Officer, Puthukkadai Town Panchayat, Kanyakumari District.

VIVEK KUMAR SINGH , J.

smn2 26.03.2025