VAIRASUNDARAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE writ petition is for the issue of writ of Certiorari to call for the records of the first respondent in R. C. 106/95, s and M. dated 28-4-1995 and the consequential order passed by the second respondent in RC 4494/95/b9 dated 20-6-1997 and quash the same.

(2.) THE petitioner is alleged to have quarried silica from his land without proper licence and he has sold the same to the public. Therefore, the authorities conducted an enquiry and in the enquiry, the petitioner appeared and confessed that he has removed the sand. According to him, he removed the sand for making the land cultivable and the sand was sold for the purpose of construction. Ultimately, he wanted to compound the offence and the first respondent has passed an order on 28-4-1995 fixing the compounding fee at Rs. 24. 100/ -. Challenging the same, the petitioner has filed the above writ petition.

(3.) LEARNED counsel for the petitioner submitted that the impugned order dated 28-4-1995 is not legally sustainable inasmuch as no show cause notice was issued to the petitioner before conducting an enquiy.