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Madras High CourtWP/20449/2016disposed of

T.Kuppuraj v. The District Collector/

2018-03-28Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.20449 of 2016 and W.M.P.Nos.17554 and 17555 of 2016 T.Kuppuraj

...Petitioner

Versus

1.The District Collector / The Inspector of Panchayats, Coimbatore District,Coimbatore - 18.

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

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, to call for the records on the file of the 1st respondent in connection with the order passed by him in his Proc.Na.Ka.No.2028/2015/A3, dated Nil June 2016, signed on 09.6.2016 and quash the same.

For Petitioner : Mr.R.Ramanlal For Respondents : Mr.N.Manikandan Government Advocate

O R D E R

This writ petition has been filed to challenge the show cause notice issued by the first respondent in his Proceeding Na.Ka.No.2028/2015/A3, dated 09.6.2016.

2.Heard Mr.R.Ramanlal, learned counsel for the petitioner and Mr.N.Manikandan, learned Government Advocate appearing for the respondents.

3.The case of the petitioner is that he was elected as a President of Mathuvarayapuram Panchayat on 25.10.2006 and again, he was re-elected in the election held in the year 2011. Though

he rendered sincere and unblemished services, the respondents due to political vendetta initiated proceedings against him. Hence, the petitioner challenged the action of the respondent in W.P.No.20320 of 2015. This Court, while disposing the said writ petition on 10.12.2015, directed the first respondent to furnish a copy of the report dated 10.6.2015 to the petitioner by registered post with acknowledgment due. But, the first respondent even without complying the earlier order of this Court has issued a show cause notice.

4. The learned Government Advocate appearing for the respondents submitted that inspection report dated 10.6.2015 was sent to the petitioner on 23.03.2018, which was received by the petitioner on 24.3.2018. The said inspection report and the acknowledgment cards have been placed before this Court for perusal.

5.This writ petition has been filed mainly contending that the said inspection report was not furnished to the petitioner as per the order passed in the earlier writ petition.

6. In the light of the above submissions made by the learned Government Advocate, this Court, without going into the merits of the case, directs the petitioner to give his explanation to the show cause notice dated 09.06.2016, within a period of four weeks, from the date of receipt of a copy of this order. Thereafter, the respondents shall consider the same and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ms To 1.The District Collector / The Inspector of Panchayats, Coimbatore District,Coimbatore - 18.

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

+1cc to Mr.R.Ramandal, Advocate, S.R.No.24041 +1cc to the Government Pleader, S.R.No.24322 W.P.No.20449 of 2016 and W.M.P.Nos.17554 and 17555 of 2016 RRK(25/04/2018)