Eswari Electricals v. The Personal Assistant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.28901 of 2021 Eswari Electricals Represented by its Partner P. Senthil Kumar, M, Aged 40 years 15 A, Thirupur Kumaran Street, Sri Sai Nagar, Thiruvenkatapuram, Thataperumbakkam, Ponneri, Thiruvallur District - 601 204.

... Petitioner vs.

1.The Personal Assistant To the District Collector Tiruvallur District Office of the District Collector Tiruvallur.

2.The Commissioner Tamil Nadu Right To Information Tribunal Chennai.

3.Assistant Director Panchayat, Tiruvallur.

4.The President Thadaperumbakkam Panchayat Thadaperumbakkam, Ponneri.

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5.The Block Development Officer Minjur Panchayat Union.

6.R.Shanmugasundaram ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the fifth respondent with respect to the proceedings in Na. Ka. No. 011/2021/A6, dated 22-11-2021, quash the same.

For Petitioner : Mr.M.L.Ramesh For R1 and R3 : Mr.C.Selvaraj Additional Government Pleader For R4 and R5 : Mr.A.Anandan Government Advocate For R6 : M/s.Bharathy

O R D E R

The writ petition is filed challenging the order passed by the 5th respondent ordering closure of electrical industry run by the petitioner in Sri Sai Nagar, Thiruvenkatapuram, Thadaperumbakkam Panchayat, Minjur Panchayat Union.

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2. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the respondents 1 and 3, Mr.A.Anandan, learned Government Advocate takes notice for the respondents 4 and 5 and M/s.Bharathy, learned counsel takes notice for the 6th respondent.

3. The impugned order has been questioned by the petitioner mainly on the ground that before passing the impugned order for closure of the industry, no show cause notice was issued to the petitioner.

4. When the matter is taken up for hearing, Mr.A.Anandan, learned Government Advocate appearing for the respondents 4 and 5, on instructions, submitted that subsequent to the filing of the writ petition, a show cause notice has been issued to the petitioner by 5th respondent on 12.04.2022 calling upon the petitioner to show cause why action shall not be taken against him under Sections 159 and 160 of the Tamil Nadu Panchayats Act, 1994.

5. The fact that the show cause notice has been issued by the 5th respondent subsequent to the filing of the writ petition supports the 3/6

contention of the petitioner, the impugned order was not preceded by any show cause notice. Therefore, the impugned order is liable to be set aside as it is clear violation of principles of natural justice. Accordingly, the same is set aside.

6. Now, it is submitted by the learned Government Advocate appearing for the respondents 4 and 5 in pursuance of the show cause notice issued by 5th respondent on 12.04.2022, the petitioner has submitted his explanation on 24.04.2022. In such circumstances, it is for the 5th respondent to consider the explanation submitted by the petitioner and proceed in accordance with law.

7. With the above observation, the writ petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. 12.09.2023 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Personal Assistant To the District Collector Tiruvallur District Office of the District Collector Tiruvallur.

2.The Commissioner Tamil Nadu Right To Information Tribunal Chennai.

3.Assistant Director Panchayat, Tiruvallur.

4.The President Thadaperumbakkam Panchayat Thadaperumbakkam, Ponneri.

5.The Block Development Officer Minjur Panchayat Union.

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S.SOUNTHAR, J.

dm 12.09.2023 6/6