Skip to content


M. Pandiyaraj Vs. The Commissioner Madurai Corporation and Another - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P(MD) No. 23923 of 2016 & W.M.P(MD) No. 17261 of 2016

Judge

Appellant

M. Pandiyaraj

Respondent

The Commissioner Madurai Corporation and Another

Excerpt:


.....be given an opportunity to give his explanation to the show-cause notice, dated 7.12.2016. 5. accordingly, the writ petition is disposed of, with liberty to the petitioner to furnish his explanation to the respondents to the show cause notice issued on 7.12.2016 followed by other proceedings issued on the same date, within a period of two weeks from the date of receipt of a copy of this order. it is for the authorities to consider such explanation and pass orders on merits and in accordance with law within a period of four weeks thereafter, also by considering the fact, as admitted by the learned counsel for the petitioner, that the very business itself is now closed by the petitioner once for all. consequently, connected miscellaneous petition is closed. no costs.

Judgment:


(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impunged notice passed by the first respondent in proceedings Nil dated 7.12.2016 and the proceedings Nil, dated 7.12.2016 passed by the second respondent and to quash the same as illegal.)

1. Challenge made in this Writ Petition is the proceedings calling upon the Petitioner to rectify certain defects in running his business, without obtaining permission from the respondents/Corporation.

2. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents 1 and 2.

3. By consent of both parties, the main Writ Petition itself is taken up for disposal, at the admission stage itself.

4. It is seen that the respondents/Corporation has already issued a show-cause notice on 7.12.2016 and the Petitioner has not given his explanation so far. When both the proceedings impugned herein are only in the nature of show-cause and more particularly, when the second proceedings of the same date came to be issued only when the Petitioner has not given any explanation to the first show cause notice, I am of the view that the Petitioner should be given an opportunity to give his explanation to the show-cause notice, dated 7.12.2016.

5. Accordingly, the Writ Petition is disposed of, with liberty to the Petitioner to furnish his explanation to the respondents to the show cause notice issued on 7.12.2016 followed by other proceedings issued on the same date, within a period of two weeks from the date of receipt of a copy of this order. It is for the authorities to consider such explanation and pass orders on merits and in accordance with law within a period of four weeks thereafter, also by considering the fact, as admitted by the learned counsel for the Petitioner, that the very business itself is now closed by the Petitioner once for all. Consequently, connected Miscellaneous Petition is closed. No costs.


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //