Madras High CourtWP(MD)/30380/2023disposed of

Arunkumar v. The Sub Collector

2023-12-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.26157 & 26159 of 2023 Arunkumar ... Petitioner Vs.

1.The Sub Collector, Thoothukudi, 2.The Tahsildar, Srivaikundam Taluk, 3.The Assistant Director, Department of Geology and Mines, Thoothukudi District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the order passed by the 1st respondent made in Na.Ka. Aa2-22-2023 dated 17.04.2023 and the quash the same as illegal. For Petitioner : Mr.T.Veerakumar For Respondents : Mr.K.Balasubramani Special Government Pleader 1/4

ORDER

Heard both sides.

2. The petitioner challenges the impugned proceedings dated 17.04.2023 levying penalty on the ground that he was not put on notice.

3. I went through the contents of the impugned order. There is no averment that notice was issued to the petitioner and that the petitioner did not respond. In matters such as this, the noticee ought to be put on notice before levy of any penalty. On the sole ground of violation of principles of natural justice, the impugned proceeding is set aside. The matter is remitted to the file of the first respondent to pass order afresh on merits and in accordance with law.

4. The Writ Petition is allowed with the aforesaid liberty. No costs. Consequently, connected miscellaneous petitions are closed. 20.12.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Sub Collector, Thoothukudi, 2/4

2.The Tahsildar, Srivaikundam Taluk, 3.The Assistant Director, Department of Geology and Mines, 3/4

G.R.SWAMINATHAN, J.

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