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Madras High CourtWP(MD)/26806/2025allowed

A.Mydeen v. The Commissioner

2025-10-23Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.20793 of 2025 A.Mydeen .. Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The General Manager, Madurai District Milk Producers Co-Op Society (Aavin), Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records of the impugned notice in A3/10504/2019 dated 15.09.2025 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.S.Selva Aditya for Mr.S.Jaya Vasanthan

For R1 : Mrs.S.Devasena Standing Counsel For R2 : No Appearance

ORDER

This writ petition is filed for the following relief: "to call for the records of the impugned notice in A3/10504/2019 dated 15.09.2025 on the file of the 1st respondent and quash the same."

2. The order directing the petitioner to evict the premises within a period of seven days from the date of receipt of notice, dated 15.09.2025 has been passed without any show cause notice and without taking into consideration the license issued to the petitioner. Therefore, considering the fact that no opportunity has been given to the petitioner to explain his stand and as the impugned order is violative of principles of natural justice, the same is set aside and the 1st respondent is directed to issue fresh show cause notice and after affording an opportunity of personal hearing to the petitioner, after he submits his objections, and thereafter

shall pass appropriate orders. The said exercise shall be completed within a period of three (3) months from the date of receipt of copy of this order.

3. In view of the above, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed. 23.10.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Commissioner, Madurai Corporation, Madurai.

P.T.ASHA, J.

gbg 23.10.2025