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Madras High CourtWP/14623/2015disposed of

T.Ponlingam v. Revenue Divisional Officer

2023-04-25Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.14623 of 2015 and M.P.Nos.1 & 2 of 2015 T.Ponlingam ..

Petitioner vs

1. Revenue Divisional Officer Dharapuram.

2. The Thasildar Taluk Office Dharapuram.

3. M.Mylsamy

4. V.M.Rajendran

5. M.Ramasamy ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in Na.Ka.No.665/2015/A dated 16.03.2015 on the file of the first respondent and quash the same.

For Petitioner :

Mr.P.R.Balasubramanian For Respondents :

Mr.Abishek Moorthy R1 & R2 Government Advocate

ORDER

The enquiry call-letter dated 16.03.2015 issued by the Revenue Divisional Officer, Dharapuram, asking the petitioner to appear before the Revenue Divisional Officer on 31.03.2015 at 4.00 pm is under challenge in the present writ petition.

2. The cause arose for the purpose of filing a writ petition became vanished, since the impugned enquiry call-letter lost its relevance. No writ against such call-letters are entertainable in a routine manner. The petitioner, in the event of receiving such notice, is expected to defend his case by filing appropriate documents before the competent authorities. Only if the call-letter was issued by an incompetent authority, having no jurisdiction, then alone, a writ would be entertainable, but not otherwise.

3. On account of efflux of time and considering the fact that the enquiry call-letter lost its relevance, the relief as such sought for in the present writ petition cannot be granted. However, the respondents are at liberty to proceed with the enquiry by affording opportunity to all the parties and decide the issue on merits and in accordance with law. The petitioner is at liberty to defend his case by availing the opportunity to be provided.

4. With these directions, the writ petition is disposed of. There will be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

Index : Yes/No 25.04.2023 drm To:

1. Revenue Divisional Officer Dharapuram.

2. The Thasildar Taluk Office Dharapuram.

S.M. SUBRAMANIAM, J.

drm 25.04.2023