Allowed¶23

S.Vijayakumar v. the District Collector

Madras HC22 Jan 2025WMP/1536/2025

Case brief

AI extract

What is this about?

Dispensing with production of original/certified copy of impugned notices; notices dated 15.06.2023 by 5th respondent under Section 7 of the Chennai III Act 1905; originals filed before 2nd respondent with reply dated 02.07.2023; support affidavit; W.M.P.Nos.1536, 1542 and 1549 of 2025 in W.P.Nos.1291, 1296 & 1300 of 2025; Madras High Court; M. Sundar, J. and K. Rajasekar, J.; order dated 22.01.2025; WMPs ordered as prayed for.

What did the court decide?

Production of the original/certified copy of the impugned notices dated 15.06.2023 dispensed with; W.M.P.Nos.1536, 1542 and 1549 of 2025 ordered as prayed for. ¶23

S.Vijayakumar Vs the District Collector — Madras HC (2025) — LawSathi Research

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W.M.P.Nos.1536, 1542 and 1549 of 2025

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W.M.P.Nos.1536, 1542 and 1549 of 2025

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W.P.Nos.1291, 1296 & 1300 of 2025

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M.SUNDAR, J., and

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K.RAJASEKAR, J.,

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[Order of the Court was made by M.SUNDAR. J.,]

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This order will now dispose of the captioned 'Writ Miscellaneous

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Petitions' [hereinafter 'WMPs' for the sake of brevity].

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Captioned WMPs have been filed with prayer to dispense with

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production of 'original / certified copy of the impugned notices issued by

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the 5th respondent dated 15.06.2023 under Section 7 of the Chennai III

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Act 1905' [hereinafter 'impugned notices' for the sake of brevity, convenience and clarity].

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Mr.J.Ashok, learned counsel on record for writ petitioners is

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before this Court.

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Page Nos.1/3 https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.1536, 1542 and 1549 of 2025

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Learned counsel for writ petitioners adverting to support

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affidavit submitted that the original impugned notices were submitted before the second respondent along with the reply dated 02.07.2023 and hence, the writ petitioners are not able to file the original impugned notices. Learned counsel drew the attention of this Court to relevant paragraph of the support affidavit, which reads as follows:

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'............... It is submitted that the original impugned order

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dated 15.06.2023 was submitted at the office of the 2nd respondent as an annexure to the reply dated 02.07.2023 given by me and so the original impugned notice dated 15.06.2023 is not available with me. I am taking prudent steps to get it back from the 2nd respondent office, which I am yet to as on this date. Hence, the production of the original impugned notice dated 15.06.2023 is required to be dispensed with in the interest of justice.'

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5. In the light of the narrative thus far, dispense with prayer is

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acceded to. Captioned WMPs are ordered as prayed for.

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[M.S., J] [K.R.S., J] 22.01.2025

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Page Nos.2/3 https://www.mhc.tn.gov.in/judis

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W.M.P.Nos.1536, 1542 and 1549 of 2025

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