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Madras High CourtWP(MD)/17051/2024dismissed

Satheesh Rajan v. The District Collector

2025-08-14Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice G.Arul Murugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) No.14671 of 2025 Satheesh Rajan ... Petitioner -vs1.The District Collector O/o.The District Collectorate Nagercoil, Kanyakumari District 2.The President Painkulam Panchayat Kanyakumari 3.T.Devadas ... Respondents [R3 is impleaded vide court order dated 14.08.2025 in W.M.P.(MD) No.18648 of 2024]

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to the notice issued by the second respondent in his proceedings in Nil dated 12.07.2024 and quash the same as illegal.

For Petitioner :

Mr.Isaac Mohanlal, Senior Counsel for M/s.Ajmal Associates For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 Mr.V.Om Prakash Government Advocate for R2 Mr.K.Jeyamohan for R3

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The show cause notice issued by the President, Painkulam Panchayat, dated 12.07.2024, is under challenge in this writ petition.

2. Learned Senior Counsel appearing for the petitioner would submit that building plan approval for construction of an Automobile Service Station in the subject place was granted by the respondent - Village Panchayat on 10.04.2024. However, based on the objection given by the

residents of the locality, the impugned show cause notice came to be issued.

3. No writ against a show cause notice is entertainable in a routine manner. In the present case, learned Senior Counsel made a submission that the Panchayat President has no jurisdiction to issue the impugned show cause notice.

4. However, the said submission is opposed by the learned counsels appearing for the respective respondents.

5. Be that as it may, the impugned notice is only a show cause notice. Therefore, the petitioner may submit his explanation denying the allegations made therein, including the grounds raised regarding jurisdiction. It is unnecessary for the High Court, at this stage, to adjudicate the merits involved in this matter.

6. Thus, granting liberty to the petitioner to respond to the

impugned show cause, the present writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [G.A.M., J.] 14.08.2025 (2/3) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, O/o.The District Collectorate, Nagercoil, Kanyakumari District.

2.The President, Painkulam Panchayat, Kanyakumari.

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk and W.M.P.(MD) No.14671 of 2025 14.08.2025 (2/3)