Madras High CourtWP(MD)/18649/2019disposed of

S.Kanagaraj v. Naranapuram Village Panchayat

2019-09-20Honourable Mr Justice M. Govindaraj2 pages

WP(MD) No.18649 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty Eighth day of August Two Thousand Nineteen PRESENT The Hon`ble Dr.Justice ANITA SUMANTH WP(MD) No.18649 of 2019 and WMP(MD)No.15013 of 2019 S.KANAGARAJ ... PETITIONER Vs NARANAPURAM VILLAGE PANCHAYAT NARAYANAPURAM REP BY THE SPECIAL OFFICER/BD.O(V.P), SIVAKASI EAST, VIRUDHUNAGAR DISTRICT ... RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorari to Calling for the records relating to the impugned proceeding of the respondent in Na.Ka.No.2227/18 dated 19.08.2019 delivered on 23.08.2019 and quash the same. Prayer in WMP(MD). 15013/ 2019 :

To grant an order of Interim Stay of the operation of and all further proceedings pursuant to the impugned proceeding of the respondent in Na.Ka.No.2227/18 dated 19.08.2019 delivered on 23.08.2019 pending disposal of the main Writ Petition and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.DILIP KUMAR, Advocate for the petitioner and of Mr.M.RAJARAJAN, Government Advocate on behalf of the Respondent, the court made the following order:- Mr.M.Rajarajan, learned Government Advocate accepts notice on behalf of the respondent and seeks three weeks to obtain instructions and file a counter.

2.The impugned order, according to learned counsel for the petitioner, has not been preceded by a show-cause notice and neither has the complaint, on the basis of which the impugned order is passed, been supplied to him.

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WP(MD) No.18649 of 2019 3.Be that as it may, the petitioner has undertaken in affidavit that the ground water from the bore-well will be utilised only for his own purposes and will not be supplied to anyone else. This undertaking is recorded. Interim stay.

4.If there are violations found in regard to paragraph 3 above, the order of interim stay will stand automatically vacated. 5.List on 19.09.2019. Counter be filed by then. sd/- 28/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL OFFICER/BD.O(V.P), NARANAPURAM VILLAGE PANCHAYAT NARAYANAPURAM SIVAKASI EAST, VIRUDHUNAGAR DISTRICT +1. C.C. to Mr.N.DILIP KUMAR Advocate SR.No.14201

ORDER

IN WP(MD) No.18649 of 2019 and WMP(MD)No.15013 of 2019 Date :28/08/2019 TK/VR/SAR.2/30.08.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2