Muthukumaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)Nos.18926 and 18927 of 2024 Muthukumaran ... Petitioner vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Tahsildar, Kumbakonam, Thanjavur District.

3. The Corporation Commissioner, Kumbakonam Municipal Corporation, Thanjavur District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the impugned order of the 3rd respondent in Na.Ka.No.8677/2021/d1 dated 28.08.2024 and quash the same.

For Petitioner : Mr.R.Maheswaran For R1 & R2 : Mr.S.P.Maharajan, Special Government Pleader Page No.1 of 4

For R3 : Mr.M.Rajarajan

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.M.Rajarajan, learned counsel takes notice for the 3rd respondent.

2.

Similar notice was quashed by us in W.P(MD)No.21811 of 2024, dated 12.09.2024. In view of the said order, the impugned notice dated 28.08.2024 is quashed reserving liberty to the Municipal Corporation to take action strictly in accordance with Section 128(2) of the Tamil Nadu Urban Local Bodies Act, 1998.

3.

The Writ Petition is allowed on the above terms. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.M, J.) (L.V.G, J.) 18.09.2024 Index : Yes / No : Yes / No bala Page No.2 of 4

To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Tahsildar, Kumbakonam, Thanjavur District.

3. The Corporation Commissioner, Kumbakonam Municipal Corporation, Thanjavur District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala ORDER MADE IN DATED : 18.09.2024 (10/12) Page No.4 of 4