LAWS(MAD)-2010-12-435

M VENKATARAMAN Vs. DISTRICT COLLECTOR AND ORS

Decided On December 20, 2010
M VENKATARAMAN Appellant
V/S
District Collector And Ors Respondents

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition praying for an issuance of a Writ of Certiorarified Mandamus in calling for the records relating to the proceedings made in Na. Ka. No. U.E4/3140/2005 dated 09.01.2006 passed by the first Respondent and to quash the same and consequently, to restrain the Respondents from implementing the said order.

(2.) The learned Counsel for the Petitioner urges before this Court that the impugned order of the First Respondent dated 09.01.2006, in cancelling the layout approval suffers from patent illegality and also from irregularity because of the simple fact that the First Respondent/District Collector prior to the cancellation of the impugned order dated 09.01.2006 has not provided an opportunity to the concerned persons or the Petitioner as per Sub-Section 2 of Section 202 of the Tamil Nadu Panchayats Act, 1994.

(3.) It is the submission of the learned Counsel for the Petitioner that the First Respondent/District Collector has passed a vague order of cancellation dated 09.01.2006 and in short, the said order is bereft of necessary details both in qualitative and in quantitative fashion. Expatiating his submissions, the learned Counsel for the Petitioner submits that if the impugned order of the First Respondent dated 09.01.2006 is given effect to, it will cause irreparable loss and hardship to the Petitioner and therefore, prays for allowing the writ petition to prevent the aberration of justice.