J.Sampath v. The Joint Director Of Handlooms

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.Nos.12678 of 2020 and WMP.Nos.15656, 15657 and 15677 of 2020

1. J.Sampath

2. S.Sundaramoorthy

3. K.Velu

4. A.Shankar

5. S.Kalaivani

6. R.Isacc ... Petitioners Vs.

1.The Joint Director of Handlooms (Full Additional Incharge) Office of the Director of Handloom and Textiles, Chennai-600 108.

2. The Assistant Director, Handlooms and Textiles, No.1165, Thendral Nagar, Main Road, Vengikal, Thiruvannamalai.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings Na.Ka.No.11759/2020/H1, dated 26.08.2020 and quash the same.

For Petitioner : Mr.C.Prakasam For Respondents: Mr. L.P.Shanmugasundaram (Co-operative)

O R D E R

This writ petition has been filed challenging the impugned order passed by the first respondent dated 26.08.2020.

2. The main grievance that was expressed by the petitioners in the present writ petition is that the impugned order was passed without affording any opportunity to the petitioners. The further grievance of the petitioners is that this Court, while deciding the earlier writ petition filed by the petitioners in W.P.No.8849 of 2020, by order dated 06.07.2020, has permitted the petitioners to file their explanation for the show cause notice and the second respondent herein was directed to consider the same and take a decision in accordance with law. According to the petitioners, no such opportunity was given to them by the respondents and the impugned order was passed straightaway.

3. Mr.L.P.Shanmugasundaram, learned Special Government Pleader (Co-operative), appearing on behalf of the respondents submitted that the impugned order passed by the first respondent has been withdrawn vide proceedings dated 17.09.2020 in Na.Ka.No.11759/2020/H1-2. The said proceedings have also been placed before this Court. The learned Special Government Pleader submitted that the petitioners would be issued a fresh notice and an opportunity will be given to them before taking any action, in accordance with law.

4. The submissions made by the learned Special Government Pleader (Co-operative) is recorded and this Writ Petition is closed accordingly. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rli To 1.The Joint Director of Handlooms (Full Additional Incharge) Office of the Director of Handloom and Textiles, Chennai-600 108.

2. The Assistant Director, Handlooms and Textiles, No.1165, Thendral Nagar, Main Road, Vengikal, Thiruvannamalai.

+1cc to the Government Pleader Sr.31141 W.P.Nos.12678 of 2020 and WMP.Nos.15656, 15657 and 15677 of 2020 vsn II[co] srg 03/11/2020