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Madras High CourtWP(MD)/28747/2025dismissed

Safi Steel Traders Private Limited v. The District Collector

2025-10-13Honourable The Chief Justice,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM:

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE and THE HON'BLE MS.JUSTICE R.POORNIMA and W.M.P.(MD) Nos.

22335, 22337 & 22341 of 2025 Safi Steel Traders Private Limited Rep by its Branch Manager, Sankarankoil Road, ... Petitioner Vs.

1. The District Collector Virudhunagar District, Virudhunagar.

2. The Divisional Engineer District Collectorate Compus, Virudhunagar,

3. The Assistant Divisional Engineer

4. The Assistant Engineer ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records in pursuant to the impugned Notice in Ka. No. Ko.10./42/2025/E.Va.Aa dated 11.09.2025 of the 3rd respondent and quash the same as illegal and in violation of Principles of Natural Justice.

For Petitioner :

Mr.G.Kalidoss For Respondents :

Mr.M.Sarangan, Additional Government Pleader

O R D E R

[Order of the Court was made by the Hon'ble CHIEF JUSTICE] Challenge is to the show cause notice dated 11.09.2025 mainly

on the ground that the construction of steel bridge was with due permission of the authority and it cannot be treated as encroachment.

2. On petitioner's own showing from the document which has been placed on record, it is apparently clear that the petitioner was earlier granted a permission in the year 2023 to lay a steel bridge across the channel on certain terms and conditions, including a condition of making a payment of Rs.5,000/- as annual rent.

3. In the entire petition, there is no material, much less an averment that the petitioner has been making such payment regularly.

4. It appears that failure on the part of the petitioner to pay annual rent has triggered the issuance of the impugned show cause notice.

5. No case for grant of indulgence by a writ Court in exercise of its discretionary jurisdiction is made out.

6. We leave it open to the petitioner to reply to the show cause

notice and take such steps as may be considered appropriate, if the petitioner is willing to continue to avail the transport facilities across the channel.

7. Writ Petition is, accordingly, dismissed. There shall be no order as to costs. Consequently, connected interim applications are closed.

[MANINDRA MOHAN SHRIVASTAVA, C.J.] [R.POORNIMA, J.] 13.10.2025 NCC : Yes / No Index : Yes / No RM

To:

1. The District Collector Virudhunagar District, Virudhunagar.

2. The Divisional Engineer District Collectorate Compus, Virudhunagar,

3. The Assistant Divisional Engineer

4. The Assistant Engineer

THE HON'BLE CHIEF JUSTICE and R.POORNIMA , J.

RM and W.M.P.(MD) Nos.22335, 22337 & 22341 of 2025 13.10.2025