Veeranathan v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.1490 of 2025 Veeranathan : Petitioner Vs.

The Executive Officer, Special Grade Town Panchayat, Courtalam, Tenkasi District.

: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice in Na.Ka.No. 174/2024/A1 dated 11.12.2024 issued by the respondent and quash the same and consequently direct the respondent not to intervene the petitioner's boundary wall construction in Survey No.462/1 1/5

with an extent of 72 cents situated at Courtalam Town Panchayat, Thenkasi District.

For Petitioner : Mr.M.Ramu For Respondent : Mr.S.Sundarapandian

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.Challenging the impugned notice dated 11.12.2024 of the respondent, the petitioner is before this Court. 3.The impugned notice is in the nature of a show cause notice calling upon the recipient to tender his explanation as to why further action should not be initiated against him. 4.It is settled proposition of law that this Court, exercising its power under Article 226 of the Constitution of India, will not venture to interfere with a show cause notice, except under a few exceptions. The grounds raised in the present writ petition does not fall under any of these exceptions.

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5.In view of the above, the writ petition is not maintainable. However, the learned counsel for the petitioner submits that he would be satisfied if some time is granted for him to give his explanation to the notice dated 11.12.2024. 6.On a sympathetic view, the petitioner is granted liberty to give his reply to the impugned notice within seven [7] days from the date of receipt of a copy of this order. On receipt of the same, the respondent shall consider it on its own merits and take further proceedings in accordance with law, after extending due opportunity to the petitioner as well as any other persons, who are interested in the subject matter.

7.With the above liberty, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 27.01.2025 Index : Yes/No Internet : Yes/No MR 3/5

To The Executive Officer, Special Grade Town Panchayat, Courtalam, Tenkasi District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 27.01.2025 5/5