N.K.Kuppuraj, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.30151 of 2013 and M.P.Nos.1 & 2 of 2013 N K Kuppuraj(died) .. Petitioner Vs 1.The District Collector, 2.The District Revenue Officer, 3.The Tahsildar, Sriperumpudhur, Kancheepuram District.
4.The Village Administrative Officer, Ezhichur Village, Sriperumpudhur Taluk, Kancheepuram District.
5.N B Stalin .. Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned enquiry proceedings in Na.Ka.No.27942/2011/N3 dated 08.10.2013 on the file of the 1st respondent and quash the same as illegal, void and without jurisdiction.
For Petitioner : Mr.D.Rajagopal For RR1 to 4 : Mr.M.R.Gokul Krishnan, Government Advocate For R5 : Mr.V.Manoharan
ORDER
This writ petition is filed to issue a Writ of Certiorari to call for the records pertaining to the impugned enquiry proceedings in Na.Ka.No.27942/2011/N3 dated 08.10.2013 on the file of the 1st respondent and quash the same.
2. The learned counsel for the petitioner submitted that the sole petitioner died. The second respondent also issued impugned notice to the dead person i.e. father of the petitioner herein. Therefore, the impugned summon cannot be sustained and liable to be set aside.
3. Accordingly, the impugned enquiry proceedings dated 08.10.2013 is set aside and the writ petition is allowed. However, the second respondent is directed to issue fresh notice to the legal heirs of the deceased petitioner and the counter parties, if any, and conduct enquiry after giving them opportunity of hearing, and pass orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed. No order as to costs. Sd/- Assistant Registrar (CS-LA) // True Copy // Sub Assistant Registrar lok To 1.The District Collector,
2.The District Revenue Officer, 3.The Tahsildar, Sriperumpudhur, Kancheepuram District.
4.The Village Administrative Officer, Ezhichur Village, Sriperumpudhur Taluk, Kancheepuram District.
+1CC to The Government Pleader, SR.No. 52749 WP.No.30151 of 2013 CP(CO) B.VC (02/11/2021)