The High Court of Madras dismissed a writ petition challenging a notice issued for the petitioner's appearance for enquiry. The court held that the petitioner should appear and explain, rendering the notice unchallengeable. Connected petitions were closed.
Writ petition dismissed; connected miscellaneous petitions closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.3170 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.No.3170 of 2023 and W.M.P.Nos.3230 & 3231 of 2023
K.Ramkumar
.. Petitioner
Versus
(Eviction of Unauthorised Occupants) Act, 1975,
W.P.No.3170 of 2023
6.M/s.Lalkhan Mosque Wakf,
Rep. by its Secretary, R.Mohammed Ziyaudeen,
No.1, Kothavall Sterrt, Chidambaram, Cuddalore District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 26.12.2022 made in PP/133/CUDD/2021 issued by the 5th respondent and quash the same as null and void.
For Petitioner : Mr.No appearance For Respondents For RR1 & 2 : Mr.S.Rajesh Government Advocate For RR3 & 4 : Mr.K.H.Ravikumar Government Advocate
ORDER
This writ petition has been filed challenging the notice issued under the
provisions of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975.
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W.P.No.3170 of 2023
issued just for appearance of the petitioner in person for proper enquiry. This Court is of the view that it is for the petitioner to appear before the third respondent herein and to give an explanation and as such the said notice cannot be challenged.
07.02.2023
ata Index : Yes / No Speaking Order : Yes / No
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W.P.No.3170 of 2023
To
(Eviction of Unauthorised Occupants) Act, 1975, Wakf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.
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W.P.No.3170 of 2023
N.SATHISH KUMAR, J.
ata
W.P.No.3170 of 2023
07.02.2023
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1 issue framed by the court
Whether a notice issued solely for the appearance of the petitioner for proper enquiry can be challenged in a writ petition.
2 provisions across 2 enactments
K.Ramkumar
The District Collector, Cuddalore District
The Tahsildar, Chidambaram Taluk
The Block Development Officer
The Panchayat President, C.Thandeswaranallur Panchayat
The Estate Officer, Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
