Mithra v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.16115 & 16116 of 2025 Mithra ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Commissioner, Chinnamanur Municipality, Chinnamanur, Theni District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order issued by the 2nd respondent dated 29.05.2025 and quash the same as unconstitutional and arbitrary.

For Petitioner : Ms.M.Deepajothi For R1 : Mr.S.P.Maharajan, Special Government Pleader 1/4

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The show cause notice issued by the 2nd respondent under Section 128 of Tamil Nadu Urban Local Bodies Act is under challenge in this Writ Petition. 2.No Writ against such show cause notice is entertainable, unless it has been issued without jurisdiction or tainted with the allegation of mala fide. 3.The learned counsel appearing for the petitioner relied on the order of this Court dated 31.07.2023 passed in W.P.(MD)No.18383 of 2023. A perusal of the said order shows that the facts are distinct, different and dissimilar. Therefore, the said order is of no avail to the petitioner for securing any relief in the present Writ Petition.

4.The petitioner has to submit her explanation if any within a period of seven (7) days from today (30.07.2025) to the 2nd respondent and in the event of receiving any such representation, the 2nd respondent may look into the same, take a final decision and continue the enforcement action by following all further procedures as contemplated under the Act and Rules. The entire exercise is 2/4

directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.With the above observations, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 30.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Theni District, Theni.

2.The Commissioner, Chinnamanur Municipality, Chinnamanur, Theni District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 30.07.2025 4/4