Madras High CourtWP(MD)/19995/2019allowed

T.Selvam v. The Commissioner

2025-11-19Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.19995 of 2019 and W.M.P(MD).Nos.16512 and 16513 of 2019 T.Selvam ..Petitioner Vs The Commissioner, Madurai Corporation, Madurai.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified mandamus to call for the record pertaining to the proceedings of the respondent in Ma.Ma2/Ma.Sa. 1/010504/2019 dated .09.2019 and to quash the same as illegal and direct the respondent to restrain from vacating the shop allotted to the petitioner at 5th stop, Mangammal Salai Junction, Thiru Nagar, Madurai. For Petitioner : Mr.S.T.Kumar For Respondent : Mr.S.Vinayak Standing Counsel

ORDER

Challenging the impugned proceedings issued by the respondent in Ma.Ma2/Ma.Sa.1/010504/2019 dated .09.2019, the petitioner has filed this writ petition.

2. It is the case of the petitioner that he is running a mobile recharge shop at 5th Stop, Thiru Nagar, since 2011 and the said shop was leased out to the petitioner by then Town Panchayat of Thiru Nagar and thereafter, Thiru Nagar Town Panchayat was merged with Madurai Corporation, however, details of his shop was not uploaded by the Officers concerned. Under this circumstance, the impugned notice was passed directing the petitioner to vacate the shop immediately. According to the petitioner, the impugned notice is arbitrary and the same was passed without giving an opportunity to the petitioner to put forth his contention. Hence, the petitioner is before this Court.

3. A perusal of the impugned order reveals that it has been passed without issuing show cause notice to the petitioner. Therefore, the Writ Petition is disposed of directing the petitioner to give explanation/objection

to the notice dated -.09.2019 treating the same as show cause notice, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondent shall thereafter consider the same and pass order, after giving an opportunity of hearing to the petitioner, within a period of two months therefrom. No costs. Consequently, connected Miscellaneous Petitions are closed. 19.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To The Commissioner, Madurai Corporation, Madurai.

P.T.ASHA, J.

Rmk Writ Petition(MD)No.19995 of 2019 19.11.2025