Senthilmurugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.9209 of 2025 Senthilmurugan ..Petitioner vs.

1.The District Collector, Sivagangai District, 2.The Sub Collector/Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, 4.The Inspector of Police, Devakottai Police Station, Sivagangai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned order in Na.Ka.Aa2/1539/2024, dated 17.03.2025, passed by the 2nd respondent and to quash the same as illegal.

For Petitioner : Mr.T.Veerakumar For R1 to R3 : Mr.S.Shanmugavel Additional Government Pleader For R4 : M/s..M.Aasha Government Advocate 1/5

ORDER

The present Writ Petition has been filed for the issuance of a Certiorari, to quash the impugned order in Na.Ka.Aa2/1539/2024, dated 17.03.2025.

2.Through the impugned order, fine was imposed against the petitioner for illegal quarrying.

3.The learned Counsel appearing for the petitioner submitted that notice was not received by the petitioner. The respondents were directed to provide evidence that notice was served to the petitioner. It is seen that four persons were served notice. However, one Agathiyan and one Singamuthu refused to receive notice. One Rajendra Prasad has received notice and has filed objection.

4.As far as the petitioner is concerned, even though the order states and refers that Senthilmurugan has received the notice, there is no evidence to state that he has received the notice and orders. 5.Therefore, this Court is of the considered opinion that there is serious violation 2/5

of principles of natural justice. Therefore, the impugned order is quashed and the matter is remitted back to the 2nd respondent. The 2nd respondent is directed to issue notice to all the four persons, namely, Agathiyan, Singamuthu, Rajendra Prasad and Senthilmurugan within a period of two weeks from the date of receipt of a copy of this order. The said persons shall submit their objections within a period of six weeks therefrom and the enquiry may be conducted within a period of eight weeks therefrom. 6.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

1.The District Collector, Sivagangai District, 3/5

2.The Sub Collector/Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, 4.The Inspector of Police, Devakottai Police Station, Sivagangai District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 04.06.2025 5/5