K.Muthusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.19136 and 12694 of 2018 and W.M.P.(MD)No.11354 of 2022 K.Muthusamy ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Tahsildar, Bodinaickkanur, Theni District.

3.The Executive Officer, Mela Chokkanathapuram, Town Panchayat, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the 1/4

records relating to the order passed by the 3rd respondent in Na.Ka.No.126/2018 dated 18/06/2018 and quash the same. For Petitioner : Mr.C.Vakeeswaran For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 & R2.

Mr.A.K.Manikkam for R3.

ORDER

Heard both sides.

2.The order impugned in the writ petition shall be treated as show cause notice. The petitioner has to offer his objections within a period of seven days from the date of receipt of a copy of this order. If any such objection is received, the third respondent will consider the same before passing final order. Action shall be taken under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. We have passed such an order taking note of the submission of the respondents that the petition mentioned water body belongs to the local body. 2/4

3.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 18.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Bodinaickkanur, Theni District.

3.The Executive Officer, Mela Chokkanathapuram, Town Panchayat, Theni District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 18.07.2024 (3/6) 4/4