R.Sugumaran v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.A.No.832 of 2022 R.Sugumaran ... Appellant vs 1.The Secretary, Government of India, Ministry of Statistics and Programme Implementation Sardar Patel Bhavan Parliament Street, New Delhi 110 001 2.The Secretary to Government, 3.The Director, Directorate of Economics and Statistics Puducherry Administration, No.505, Kamaraj Salai, New Saram, Puducherry 605 013 4.The Project Director, District Rural Development Agency,

II Floor, PHB Building, Anna Naga, Nellithope Puducherry 605 005 5.The Director, Directorate of Art and Culture, No.1, Romain Rolland Street Puducherry 605 001 6.The Registrar of Companies, No.7, 2nd Floor, Karuvadikuppam Main Road, 7.Pudhuvai Thamiz Sangam, rep. By its President, Venkatanagar, ... Respondents W.A.No.836 of 2022 R.Sugumaran ... Appellant vs 1.The Secretary to Government, 2..The Director, Directorate of Art and Culture, No.1, Romain Rolland Street Puducherry 605 001 3.The Registrar of Companies, No.7, 2nd Floor, Karuvadikuppam Main Road,

4.Pudhuvai Thamiz Sangam, rep. By its President, Venkatanagar, ... Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the order dated 09.11.2021 in WP Nos.2071 and 2133 of 2020. For the Appellant :

Mr.S.Sathia Chandran COMMON JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) The writ appeals have been filed to challenge the order dated 09.11.2021 whereby, considering the prayer of the writ appellant, direction was issued by the Writ Court to the Project Director, District Rural Development Agency, Puducherry to consider the writ appellant's representation on merits and pass orders, after giving an opportunity of hearing to the party against whom allegations have been made.

2. We do not find any ground for maintaining the appeals against the said order and it cannot be challenged only for the reason that a direction to hold inquiry has not been given therein. In fact, inquiry can be initiated only when the authority finds some material for it. Learned Single Judge has directed the Project Director to give an opportunity of hearing to the affected party before passing any order on the representation submitted by the writ appellant. The enquiry can be conducted if satisfactory explanation is not given by the person concerned. Hence, we do not find any error or illegality in the said order warranting interference by this court.

3. The writ appeals fail and they are dismissed. There will be no order as to costs. Consequently, C.M.P.No.5643 of 2022 is closed.

(M.N.B., CJ.) (N.M., J.) 12.07.2022 Index : Yes/No tar

To 1.The Secretary, Ministry of Statistics and Programme Implementation Sardar Patel Bhavan Parliament Street, New Delhi 110 001 2.The Secretary to Government, 3.The Director, Directorate of Economics and Statistics Puducherry Administration, No.505, Kamaraj Salai, New Saram, Puducherry 605 013 4.The Project Director, District Rural Development Agency, II Floor, PHB Building, Anna Naga, Nellithope Puducherry 605 005 5.The Director, Directorate of Art and Culture, No.1, Romain Rolland Street Puducherry 605 001 o 6.The Registrar of Companies, No.7, 2nd Floor, Karuvadikuppam Main Road, 7.The President, Pudhuvai Thamiz Sangam, Venkatanagar, Puducherry 605001

M.N.Bhandari, CJ.

and N.Mala, J.

(tar) 12.07.2022