T.Kuppuraj v. The Inspector Of Panchayats

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.20320 of 2015 and M.P.Nos.1 & 2 of 2015 T.Kuppuraj .. Petitioner V.

1.The Inspector of Panchayats, Collectorate, Coimbatore District, Coimbatore - 18.

2.The Assistant Director of Panchayats, Collectorate, Coimbatore - 18.

3.P.Karuppaiah .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari to call for the records on the file of 1st respondent in connection with the order passed by him in his Proc.Na.Ka.No.2028/2015/A3 dated 25.06.2015 and quash the same.

For Petitioner .. Mr.R.Singgaravelan for M/s.S.Srividhya For Respondents 1 & 2.. Mr.R.Rajeswaran Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for respondents 1 and 2 and with their consent, the writ petition is taken up for final disposal.

2.The Petitioner has filed this writ petition praying for issuance of a writ of certiorari to quash the impugned proceedings dated 25.06.2015. The impugned proceedings is not a final order, but it is only a show cause notice under Section 205 of the Tamil Nadu Panchayats Act, 1994. The only ground on which the petitioner seeks to challenge the impugned proceedings, by contending that in the impugned proceedings, there is a reference to a report of the Assistant Director (Panchayats) dated 10.06.2015 and the petitioner wants a copy of the same. However, since the copy has not been served, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has approached this Court.

3.In the counter affidavit filed by the respondents, it is stated that the petitioner has already been served a copy of the report. However, this has not been established to the satisfaction of this Court. Hence, without going into the controversy as to whether it has been served earlier or not, this Court is of the view that the respondents should serve one more copy of the report dated 10.06.2015 to the petitioner so that the matter can be proceeded and attain a finality. 4.Accordingly, while rejecting the prayer to quash the impugned show cause notice, there will be a direction to the 1st respondent to furnish a copy of the report dated 10.06.2015 by registered post with acknowledgement due on the petitioner within a period of two weeks from the date of receipt of a copy of this order.

Thereafter, the petitioner is given three weeks time to submit his reply to the impugned notice and after affording opportunity of personal hearing, the 1st respondent shall pass an order on merits. 5.With the above observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Sgl To 1.The Inspector of Panchayats, Collectorate, Coimbatore District, Coimbatore - 18.

2.The Assistant Director of Panchayats, Collectorate, Coimbatore - 18.

+1 cc to M.Srividhya, Advocate, sr.66315 +1 cc to Government Pleader, sr.66600 W.P.No.20320 of 2015 ar iv kra 17.12.2015 https://hcservices.ecourts.gov.in/hcservices/