E.Sudalaimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.23592 of 2024 E.Sudalaimuthu ... Petitioner Vs.

1.The District Collector, Tenkasi Taluk, Tenkasi District.

2.The Block Development Officer, Kadaiyam Panchayat Union, Tenkasi District.

3.The President, Therkku Madathur Panchayat, Tenkasi District.

4.S.Ramachandran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 3rd respondent in her nil proceedings dated 24.04.2024 and set aside the same as illegal. For Petitioner : Mr.J.Jeyakumaran For 1st Respondent : Mr.S.Kameswaran Government Advocate For Respondents 2 & 3 : Mr.A.Baskaran, Additional Government Pleader For 4th Respondent : Mr.L.Alwin Balan 1/4

ORDER

Challenging the order passed by the 3rd respondent dated 24.04.2024, this Writ Petition is filed 2.Heard the learned counsels either side and carefully perused the entire materials available on record.

3.The impugned order has been passed, directing to close down the carpentry shop run by the petitioner without putting the petitioner on notice. Since the said order is passed, without giving opportunity to the petitioner, it would amount to violation of principles of natural justice. The impugned order is quashed and remanded back to the third respondent and the third respondent is directed to issue notice on the petitioner and all the necessary parties, giving opportunity of personal hearing in this regard and to pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order. 2/4

4.Accordingly, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 06.12.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The District Collector, Tenkasi Taluk, Tenkasi District.

2.The Block Development Officer, Kadaiyam Panchayat Union, Tenkasi District.

3.The President, Therkku Madathur Panchayat, Tenkasi District.

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L.VICTORIA GOWRI, J.

Mrn 06.12.2024 4/4