G.Shanmugam v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.417 of 2025 1.G.Shanmugam 2.D.Karunanithi 3.R.Parthasarathy 4.G.Manimegalai 5.K.Velu 6.A.Kumar ... Petitioners Vs.

1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.

2.The District Adi Dravidar and Tribal Welfare Officer, Vellore District, Vellore.

3.The Special Tashildar (ADW) Vellore, Vellore District.

4.The Special Tashildar (ADW) Gudiyatham, Vellore.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating impugned order issued by the 1st respondent in Na.Ka.No.O3/019122/2024 dated 04.11.2024 and the consequential impugned order of recovery issued by the 2nd respondent in Na.Ka.No.K1/3403/2021 dated 27.11.2024 in so far as the petitioners are concerned and to quash the same. For Petitioners : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondents : Mr.U.Baranidharan Additional Government Pleader.

O R D E R

The impugned proceedings dated 04.11.2024 and 27.11.2024 themselves indicate that they are issued without following the principles of natural justice and without affording any opportunity to the petitioners, proposing the recovery of amounts from the petitioners. As the impugned proceedings are issued in violation of principles of natural justice, they cannot be sustained.

2.

In view of the same, instead of keeping the matter pending, this Court deems it appropriate to set aside the impugned orders on the sole ground of violation of principles of natural justice, and to remand the matter back to the respondents for considering afresh. Accordingly, the impugned

orders are set aside and the matters are remanded back to the 1st respondent for taking appropriate action in accordance with law by following principles of natural justice.

3.

Accordingly, the writ petition is disposed of. The connected miscellaneous petitions, if any, shall stand closed. No costs. 07.01.2025 (3/3) dpa Index : Yes / No Speaking order / Non-speaking order To 1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.

2.The District Adi Dravidar and Tribal Welfare Officer, Vellore District, Vellore.

3.The Special Tashildar (ADW) Vellore, Vellore District.

4.The Special Tashildar (ADW) Gudiyatham, Vellore.

MUMMINENI SUDHEER KUMAR, J.

dpa 07.01.2025 (3/3)