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2026 DAILYLAW 52425 (MAD)

MANIKANDAN PANJANATHAN v. The District collector

WP/28932/2026 · 2026-07-22

Hemant Chandangoudar

Transfer Petitionbody2026

Judgment text

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W.P.No.28932 of 2026 Page Nos.1/6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.28932 of 2026 and W.M.P.No.31710 of 2026 Manikandan Panjanathan S/o.Panjanathan ... Petitioner vs. 1. The District Collector Coimbatore District Coimbatore. 2. The District Pollution Control Board Rep. By its Executive Engineer Tamil Nadu Pollution Control Board Pollachi Main Road, Kuruchi Coimbatore – 641 021. 3. The Executive Officer Irugur Panchayat Market Road, Irugur Coimbatore – 641 103. 4. M.Sekar Irugur, Gandhi Nagar Coimbatore – 641 103. … Respondents https://www.mhc.tn.gov.in/judis W.P.No.28932 of 2026 Page Nos.2/6 Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records of the order passed by the 3rd respondent vide letter bearing Na.Ka.No.463/2025/AA dated 09.07.2026 and quash the same. For Petitioner : Mr.R.Jaison For Respondents : Mr.M.Sivavarthanan Government Counsel, for R1 to R3 ***** O R D E R Learned Government Counsel accepted notice for respondents 1 to 3. Since this writ petition can be decided without affecting the rights of the fourth respondent, notice to the fourth respondent is dispensed with. 2. The petitioner has challenged the communication dated 09.07.2026, by which the authorities decided to lock and seal the shop where the petitioner is carrying on welding work. 3. The fourth respondent had earlier filed W.P. No.10456 of 2026, seeking action against the petitioner on the ground that welding work was being carried on in a residential area. By order dated 13.03.2026, this Court https://www.mhc.tn.gov.in/judis W.P.No.28932 of 2026 Page Nos.3/6 directed the authorities to consider the fourth respondent’s representation after giving the petitioner an opportunity of hearing. Pursuant to that direction, the impugned communication came to be issued. 4. Heard the learned counsel appearing for the parties. 5. It is not disputed that, before issuing the impugned communication, the petitioner was not given any opportunity of hearing, despite the specific direction issued by this Court in its earlier order dated 13.03.2026. Therefore, the decision to lock and seal the petitioner’s shop was taken in violation of the principles of natural justice and cannot be sustained. 6. Accordingly, the writ petition is disposed of with the following directions: i. The communication dated 09.07.2026 shall be treated as a show cause notice. ii. The petitioner shall submit a reply within 15 days from the date of receipt of a copy of this order. iii. After receiving the reply, the third respondent shall https://www.mhc.tn.gov.in/judis W.P.No.28932 of 2026 Page Nos.4/6 consider it on its own merits and pass a reasoned order in accordance with law within two weeks. iv. Until such decision is taken, no coercive action, including locking and sealing the shop, shall be taken against the petitioner. v. However, if the petitioner fails to submit a reply within the prescribed time, the third respondent is free to proceed in terms of the communication dated 09.07.2026. 7. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 22.07.2026 Index : Yes / No Neutral Citation : Yes / No Speaking / Non-speaking mk Note : Upload forthwith https://www.mhc.tn.gov.in/judis W.P.No.28932 of 2026 Page Nos.5/6 To 1. The District Collector Coimbatore District Coimbatore. 2. The District Pollution Control Board Rep. By its Executive Engineer Tamil Nadu Pollution Control Board Pollachi Main Road, Kuruchi Coimbatore – 641 021. 3. The Executive Officer Irugur Panchayat Market Road, Irugur Coimbatore – 641 103. https://www.mhc.tn.gov.in/judis W.P.No.28932 of 2026 Page Nos.6/6 HEMANT CHANDANGOUDAR, J., mk W.P.No.28932 of 2026 22.07.2026 https://www.mhc.tn.gov.in/judis