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Madras High CourtWP(MD)/31648/2025allowed

Sri Vysyaraja Mutt v. The District Collector

2025-11-06Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.31648 of 2025 and W.M.P(MD).No.24823 of 2025 Sri Vysyaraja Mutt, rep., through its Power Agent, Ravavendra Rao .. Petitioner Vs 1.The District Collector, 2.The Commissioner, Madurai Corporation, 3.The Assistant Commissioner, Zone -3 (Central), Madurai Corporation, 4.The Commissioner, Chennai-34.

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5.The Joint Commissioner, ..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 on the file of the third respondent and quash the impugned order dated 23.04.2025 Ref.No.Z3D2/L1/01536/2025 passed by the third respondent as illegal, arbitrary, against the settled principles of law and in violation of the principles of natural justice.

For Petitioner : Mr.S.Madhavan For Respondents : Mr.G.Suriya Ananth Additional Government Pleader for R1, R4 and R5 Mr.S.Vinayak for R2 & R3

ORDER

Challenging the impugned order dated 23.04.2025 in Ref.No.Z3D2/L1/01536/2025 passed by the third respondent, this writ petition has been filed.

2. Heard the arguments of the learned counsel appearing for the petitioner and Mr.G.Suriya Ananth, learned Additional Government Pleader, 2/5

who takes notice on behalf of the respondents 1, 4 and 5 and Mr.S.Vinayak, learned counsel, who takes notice on behalf of the respondents 2 and 3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The order impugned in this writ petition has been passed by the Assistant Commissioner of Madurai Corporation, as against whom the petitioner levelled some allegations as if the Corporation is squatting over the petitioner's property.

4. As the authority, who has now passed the impugned order, is the authority against whom the complaint has been made, in effect the third respondent has himself become the judge of his own cause. Therefore, the petitioner is directed to make a fresh representation within a period of two weeks from the date of receipt of a copy of this order before the District Collector/ first respondent, who shall consider the same after issuing notice to both the second and third respondents and to the petitioner, hear both sides and thereafter pass a speaking order within a period of three months thereafter. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 06.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The District Collector, 2.The Commissioner, Madurai Corporation, 3.The Assistant Commissioner, Zone -3 (Central), Madurai Corporation, 4.The Commissioner, Chennai-34.

5.The Joint Commissioner, 4/5

P.T.ASHA, J.

Rmk Writ Petition(MD)No.31648 of 2025 06.11.2025 5/5