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Madras High CourtWP/14116/2022disposed of

Shabeena Begam v. The District Registrar

2022-06-15Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P. No.14116 of 2022 and WMP No.13345 of 2022 Shabeena Begam ... Petitioner vs.

The District Registrar District Registrar Office, Tiruppur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of a writ of Certiorari calling for the records of respondent in Na.Ka.No.2449/E/2022, dated 27.04.2022 and quash the same. For Petitioner : Mr.J.Franklin, For respondent : Mr.B.Vijay, Addl. Govt. Pleader

ORDER

Heard Mr.J.Franklin, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader for the respondent.

2. This writ petition has been filed challenging a show cause notice dated 27.04.2022 issued by the respondent. Under the impugned show cause notice, the petitioner's licence is sought to be cancelled. The petitioner has already submitted a reply on 14.05.2022 to the impugned show cause notice. Without waiting for final orders to be passed by the respondent, this writ petition has been filed challenging the show cause notice.

3. It is settled law that a show cause notice can be challenged only if the same has been issued without jurisdiction and without authority under law. In the instant case, the respondent has got the authority under law to issue the impugned show cause notice for the reasons stated in the said show cause notice. Infact, the petitioner has already submitted a reply to the impugned show cause notice as stated https://hcservices.ecourts.gov.in/hcservices/

supra. Therefore, this Court is of the considered view that the petitioner's interest will be protected, if she is offered a fair hearing by the respondent in the impugned proceedings including grant of personal hearing and also by providing the petitioner with the necessary documents which is the basis for proceeding against the petitioner for cancellation of licence.

4. For the foregoing reasons, this writ petition is disposed of by directing the respondent to pass final orders pursuant to the impugned show cause notice after affording a fair hearing to the petitioner including granting her the right of personal hearing and also furnishing her with all the documents which is the basis for proceeding against the petitioner, within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi2 To The District Registrar District Registrar Office, Tiruppur.

+1cc to the Government Pleader, S.R.No.36441 W.P. No.14116 of 2022 GJ(CO) CT/06/07/2022 https://hcservices.ecourts.gov.in/hcservices/