Ravindran S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.9672 of 2022 and WMP(MD)Nos.6942 of 2022 and 22440 of 2023 S.Ravindran ... Petitioner -vs1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Thiruchendur,

3. The Tahsildar, Thiruchendur Taluk,

4. Arumuganeri Special Grade Panchayat, Rep. by its Executive Officer,

Arumuganeri,

5. Ganesan, Executive Officer, Arumuganeri Special Grade Panchayat, Arumuganeri, Thoothukudi District.

6. Herbert Asirvatham ...

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 4th respondent in Na.Ka.No.358/2022 dated 04.05.2022 and quash the same. For Petitioner : Mr.M.P.Senthil For Respondent : Mr.T.Amjad Khan Government Advocate for R1 to R3 Mr.G.Aravinthan for R6 Mr.A.Sivanupandian for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.M.P.Senthil, learned counsel for the

petitioner, learned Government Advocate for the respondents 1 to 3 and learned counsel for the respondents 4 and 6.

2. Notice is issued under the provisions of the Tamil Nadu Urban Local Bodies Act, 1998. It is submitted that prior to the said order, no show cause notice was issued.

3. The learned Government Advocate submits that amendment has been made to the Tamil Nadu Urban Local Bodies Act, 1998 only on 13.04.2023, wherein show cause notice is contemplated.

4. Be that as it may, principles of natural justice require opportunity of giving explanation.

5. In light of that, we pass the following order: The impugned order dated 04.05.2023 shall be construed as a show cause notice. The petitioner shall file reply to the same within a period of ten days from today. After the reply is filed, the same shall be considered by the authority on its own merits, in

accordance with law and may take a decision. Depending upon the decision taken, the parties may take further steps.

6. The writ petition is disposed of accordingly. However, there is no order as to costs. Consequently connected Miscellaneous Petitions are closed.

[S.V.G., .C.J.] [K.K.R.K., J.] 29.11.2023 Index : Yes / No : Yes / No RR To:

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Thiruchendur,

3. The Tahsildar, Thiruchendur Taluk,

THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.

RR 29.11.2023