U.Sulthan Basha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.23194 & 23195 of 2024 Sulthan Basha ... Petitioner Vs.

1. The Commissioner, Madurai Corporation, Tallakulam, Madurai - 625 002.

2. The Assistant Executive Engineer (Planning), Madurai Corporation, Zone-III, Madurai.

3. Yasmin

4. Gafoor Arsan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the impugned notice vide No. Madhi/013292/2020 dated 27.06.2022 issued by the 2nd respondent and to quash the same as illegal.

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For Petitioner : Mr.S.Mahesh Babu For Respondents : Mr.S.Vinayak (R1 & R2) Standing Counsel

ORDER

Challenging the impugned order issued by the second respondent dated 27.06.2022, this writ petition came to be filed.

2. Mr.S.Vinayak, learned Standing Counsel takes notice for the official respondents. Considering the nature of the limited scope of the relief sought for in this writ petition, notice to the private respondents is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The learned standing counsel appearing for the official respondents submitted that the impugned order may be treated as show cause notice and the second respondent shall give an opportunity of hearing to the parties concerned and thereafter pass appropriate orders.

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5. Considering the submission made by the learned standing counsel appearing for the official respondents, this Court hereby direct the second respondent to give an opportunity of hearing to the petitioner and the respondents 3 and 4, and pass appropriate orders pertaining to the impugned proceedings in Madhi/013292/2020 dated 27.06.2022 afresh on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

15.11.2024 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Commissioner, Madurai Corporation, Tallakulam, Madurai - 625 002.

2. The Assistant Executive Engineer (Planning), Madurai Corporation, Zone-III, Madurai.

Order made in Dated 15.11.2024 4/4