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Madras High CourtWP/7763/2022dismissed

Gajendiran@Ramasamy v. The Tahsildar Cum Chairman

2023-02-23Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.7763 of 2022 and W.M.P.No.7781 of 2022 1.Gajendiran @ Ramasamy 2.Sugumaran .. Petitioners Vs.

1.The Tahsildar cum Charman, Administrative Advisory Committee, Department of Revenue and Disaster Management, Taluk Office, Oulgaret, Puducherry.

2.Kesavalu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified, calling for the records of the notices dated 10.01.2022 and 07.02.2022 issued by the 1st respondent pertaining to his proceedings in No.5379/TOO/LG/E/2022 and No.046/TOO/LG/E/2022 and quash the same.

For Petitioners .. Mr.K.S.Karthik Raja For Respondent .. Mr.J.Kumaran (R1) Additional Government Pleader (Puducherry)

ORDER

This writ petition has been filed in the nature of Certiorari, calling for the records of the notices dated 10.01.2022 and 07.02.2022 issued by the 1st respondent/the Tahsildar cum Chairman, Administrative Advisory Committee, Department of Revenue and Disaster Management, Taluk Office, Oulgaret, Puducherry.

2. A perusal of two notices which are sought to be impugned show that they only called for the petitioner's appearance and to reply and produce relevant documents to substantiate the claim made by the second respondent on 20.01.2022. The second notice dated 07.02.2022 is again calling upon the petitioner to appear on 08.03.2022, again for an enquiry.

3. The petitioner has a duty to answer the said notices. Of course, he has a choice, he can even avoid appearance but the Court cannot set aside the notices. He may appear or he may not appear. If he does not appear for successive hearing dates, the first respondent is at liberty to pass orders adverse to the petitioners. It is only in the interest of the petitioner that he

should appear before the authorities. Both these notices cannot be interfered with by this Court.

4.With the above observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 23.02.2023 Index:Yes/No (1/2) Internet:Yes/No ata To The Tahsildar cum Charman, Administrative Advisory Committee, Department of Revenue and Disaster Management, Taluk Office, Oulgaret, Puducherry.

C.V.KARTHIKEYAN,J.

ata W.P.No.7763 of 2022 (1/2) 23.02.2023