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Madras High CourtWP/2400/2014disposed of

M.Shamsudeen, v. The Government Of Tamil Nadu,

2023-06-05Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.Nos.1 & 2 of 2014 M.Shamsudeen ... Petitioner Vs.

1.The Government of Tamil Nadu Rep by its Secretary Revenue Department Fort St. George, Chennai.

2.The Sub Collector, Perambalur District Perambalur.

3.The Tamil Nadu Wakf Board Rep by its Chief Executive Officer No.1, Jaffersyrang Street Vallal Seethakathi Nagar Chennai 1.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for records of the 2nd respondent ending with proceedings dated 08.01.2014 in Rc.A4/125/2014 and quash the same.

For Petitioner : Mrs.I.Kowser Nissar For R1 & R2 : Mr.D.Ravichander Special Government Pleader For R3 : Mr.Sunny For Mrs.V.Srimathi

O R D E R

The notice issued by the Sub Collector, Perambalur asking the petitioner to submit the explanations either in person or in written is under challenge in the present writ petition.

2. An allegation of violation of assignment conditions were brought to the notice of the competent authorities, who in turn initiated action for conducting an enquiry. The petitioner instead of defending his case by submitting his explanations or by appearing in person, has chosen to file the present writ petition.

3. No writ against a notice is entertained in a routine manner. The 2nd respondent received a complaint based on which actions are initiated. Therefore, the petitioner has to submit the documents, if any available for the

purpose of defending his case.

4. In view of the facts and circumstances, the 2nd respondent is directed to proceed with the enquiry and the petitioner is at liberty to defend his case by availing the opportunities to be provided by the authorities so concerned. The enquiry initiated in the year 2014 is to be disposed of as expeditiously as possible.

5. With these directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 05.06.2023 Jeni Index : Yes Speaking order

To 1.The Government of Tamil Nadu Rep by its Secretary Revenue Department Fort St. George, Chennai.

2.The Sub Collector, Perambalur District Perambalur.

3.The Tamil Nadu Wakf Board Rep by its Chief Executive Officer No.1, Jaffersyrang Street Vallal Seethakathi Nagar Chennai 1.

S.M.SUBRAMANIAM, J.

Jeni 05.06.2023