P.Chellamuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20959 of 2017 and W.M.P(MD)Nos.17247 and 17248 of 2017 P.Chellamuthu .. Petitioner Vs.

1.The District Collector, Karur.

2.The District Revenue Officer/ District Supply Officer and Consumer Protection Officer, Karur.

3.S.Surya Praksha, District Supply Officer and Consumer Protection Officer, Karur.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the impugned notice dated 25.10.2017 in Na.Ka.K2/09/KAR/MAR/2017 issued by the second respondent herein and quash the same.

For Petitioner : Mr.AL.Kannan For Respondents 1 and 2 : Mr.M.Alagathevan, Special Government Pleader.

ORDER

This writ petition is filed seeking a writ of Certiorari to quash the impugned notice in Na.Ka.K2/09/KAR/MAR/2017, dated 25.10.2017, issued by the second respondent, directing the petitioner to appear for enquiry on 15.11.2017 with regard to seizure of 10 gas cylinders in front of his house. 2.Mr.M.Alagathevan, learned Special Government Pleader, takes

notice for the respondents 1 and 2. In view of the nature of the relief sought for by the petitioner, notice to the third respondent is dispensed with.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The case of the petitioner is that the second respondent issued the impugned notice dated 25.10.2017 directing the petitioner to appear for enquiry on 15.11.2017 with regard to seizure of 10 gas cylinders in front of his house. According to the petitioner, at the time of alleged seizure, he was not available in his house and due to previous enmity, the said seizure has been made and the date of alleged seizure has also been modified in the impugned order. Therefore, the petitioner is before this Court with the aforesaid prayer.

6.After some arguments, the learned counsel appearing for the petitioner would submit that the petitioner is inclined to appear before the second respondent on 15.11.2017 as directed along with the materials as well as objection.

7.Recording the same, this Court, without going into the merits of the petitioner's claim, directs the petitioner to appear before the second respondent on 15.11.2017, along with the materials as well as objections, if any, and on his presence, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner.

8.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, Karur.

2.The District Revenue Officer/ District Supply Officer and Consumer Protection Officer, Karur.

+1cc to M/s.AL.KANNAN Advocate in SR. No. 87178 SMN JS/GT/SAR.4/30.11.2017/3P-4C ORDER MADE IN W.P(MD)No.20959 of 2017 and W.M.P(MD)Nos.17247 and 17248 of 2017 14.11.2017