SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Mad) 19905

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.Nisha Banu, S.Srimathy, JJ
S.J.Mohan – Appellant
Versus
The District Collector, Madurai District, Madurai – Respondent
W.P.(MD)No.3464 of 2025|W.M.P.(MD)No.2454 of 2025



Advocates:
For the Appellants/Petitioners: Mr.S.Vikram
For the Respondents: Mrs.D.Farjana Ghoushia, Mr.S.Vinayak

The necessity for objection submissions under statutory frameworks is affirmed for procedural fairness in administrative actions.

Headnote:Statute Analysis: Under Section 128(b) of the Tamil Nadu Urban Local Bodies Act, 1998, the petitioner contests a notice for removal of purported encroachments. Facts: The petitioner sought to quash an impugned notice dated 23.01.2025 without submitting objections. Findings: The court ordered the petitioner to submit objections, which would be considered by the concerned authorities.

Issues: The court framed the central issue surrounding the petitioner's challenge to the notice.

Ratio Decidendi: The court specified that submission of objections is necessary for due consideration.

Result: The Writ Petition is disposed of with directions.

Table of Content
1. petitioner allowed to submit objections. (Para 1 , 2)
2. court's directive for procedural fairness. (Para 3 , 4)

[Order of the Court was made by J.NISHA BANU, J.

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

2.The petitioner challenges the notice issued under Section 128(b) of Tamil Nadu Urban Local Bodies Act, 1998, directing removal of the encroachment made by the petitioner, for which, he has to submit his objection /

explanation. Instead of doing so, he has filed this Writ Petition.

3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the 1st respondent, submits that if the petitioner submits his objection / explanation, the same would be considered by the authorities concerned and thereafter only, necessary orders would be passed in accordance with law.

4.In view of the above, the petitioner is directed to submit his written objections to the authorities concerned within a period of one week from the date of receipt of a copy of this order. The authorities concerned, after receipt of the same, consider and pass appropriate orders within a period of four weeks thereafter.

5.With the above direction, this Writ Petition is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top