K.Lakshmanan, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.9238 of 2018 and WMP(MD) No.8538 of 2018 K.Lakshmanan,, ... Petitioner Vs
1. The District Collector, Dindigul District..
2. The District Revenue Officer, Dindigul District..
3. The Revenue Divisional Officer, Dindigul District.
4. Tahsildar,, Dindigul East, Dindigul District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned notice passed by the 4th respondent in Na.Ka.No.4942 / 2017 / A2 dated 16/04/2018 and quash the same.
For Petitioner : Mr.M.P.Senthil For Respondent : Mr.S.P.Maharajan Special Government Pleader
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel for the petitioner and the learned Special Government Advocate for the respondents.
2. The petitioner is challenging the notice dated 16.04.2018. The said notice is issued purportedly on the basis of the order dated 28.02.2018 passed by this Court in W.P.(MD) No.4237 of 2018 with connected writ petitions.
3. The Division Bench in the said writ petition had directed the authority to give a notice to the petitioner giving 15 days time to file objection and documents and thereafter take a decision on merits.
4. The impugned order does not state that prior notice was issued as per the order of this Court. In light of that, we pass the following order:
(a) The impugned notice/order shall be construed as a notice to the petitioner. The petitioner shall file reply to the same within a period of 15 days from today along with all the relevant documents, of which, the petitioner relies. On receipt of the reply, the respondent authority shall take a decision on its own merits; (b) If the petitioner fails to file reply within 15 days from today, the respondent authority is entitled to proceed further and if
the reply is filed within 15 days, then the authority shall consider the reply filed by the petitioner before passing any order.
5. The writ petition stands disposed of. However, there is no order as to costs. Consequently connected Miscellaneous Petition is closed.
[S.V.G., .C.J.] [L.V.G., J.] 01.12.2023 Index : Yes / No : Yes / No RR To:
1. The District Collector,
Dindigul District..
2. The District Revenue Officer, Dindigul District..
3. The Revenue Divisional Officer, Dindigul District.
4. Tahsildar,, Dindigul East, Dindigul District.
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.
RR W.P.(MD)No.9238 of 2018 01.12.2023