K.Kothandan v. the Sub Collector
Case brief
What is this about?
Madras High Court (M. Dhandapani, J.), W.P.No.201 of 2024, decision dates 10.11.2025 and 17.12.2025. Certiorari under Article 226 against Sub-Collector, Tiruvallur penalty order (Na.Ka.No.1611/2019/A1 dt. 09.09.2019) levied without notice or enquiry following a Tahsildar report of unauthorized quarrying of 52,920 units from grazing poromboke land, despite valid permission dated 31.12.2018 for 3098 cu.m. (516 lorry loads) of brick earth (savadu). Held violative of natural justice; impugned order treated as show cause notice with enquiry and fresh orders within fixed timelines; paragraph 5 modified on 17.12.2025 (fresh show cause notice - two weeks; reply - four weeks; orders - four weeks). Disposed without costs. Keywords: natural justice, show cause notice, enquiry, quarrying, penalty, poromboke, Tiruvallur, modification of order.
What did the court decide?
Writ petition disposed of without costs and connected miscellaneous petitions closed. Instead of quashing, the impugned penalty order is to be treated as a show cause notice, with the first respondent to consider the petitioner's reply, conduct enquiry and pass appropriate orders (order dated 10.11.2025); as modified on 17.12.2025, the respondent is to issue a fresh show cause notice within two weeks, the petitioner is to reply within four weeks, and the first respondent is to pass appropriate orders as per the rules and procedure within four weeks of the reply. Registry directed to carry out the modification in paragraph 5 of the order dated 10.11.2025 and issue fresh order copy.