Rangasamy v. The Deputy Director Of Agriculture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE W.P.No.27101 of 2023 and W.M.P.Nos.26542 and 26543 of 2023 1.Rangasamy 2.Ayyadurai 3.Mani 4.Irusappan 5.Ravi 6.Kathirvel 7.Mani ... Petitioners Vs.

1.The Deputy Director of Agriculture, Salam Agriculture Office, Salem.

2.The Administrative Officer (Incharge), Uzhavar santhai, Dhadhagapatti, Salem-6.

... Respondents 1/4

PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorari, calling for the records with respondent of the impugned order of suspension passed by the second respondent in her proceedings dated 30.08.2023 in Na.Ka.1 of 2023-24. For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioners are agricultural producers who have been allotted a stall in Uzhavar Santhai at Dhadhagapatti, Salem. The petitioners' license to run their shop in the market has been suspended as they were alleged to have instigated the farmers to hold a demonstration. This information was communicated to the petitioners vide the impugned proceedings of the second respondent dated 30.08.2023. The said notice indicates that there contemplates some enquiry. This is now under challenge. 2/4

3.Heard Mr.R.Nalliyappan, the learned counsel for the petitioners, who submitted that the impugned proceedings of the second respondent is arbitrary and unreasonable.

4.In fitness of things, the petitioners should have been heard before the proceeding is issued.

5.Mr.C.Kathiravan, the learned Special Government Pleader, takes notice for respondents 1 and 2, who made a statement that inasmuch as an enquiry is contemplated, the petitioners may be directed to participate in the enquiry. 6.This Court now directs such authority who is proposed to hold an enquiry, as indicated in the impugned proceedings dated 30.08.2023, to issue notice and hear the petitioners' version before a final decision is taken. The petitioner are instructed to participate in the enquiry with utmost dignity. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of an online copy or the date on which the order is hosted in the official website, whichever is earlier.

3/4

N.SESHASAYEE, J.

Anu 7.The writ petition stands disposed of accordingly with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 15.09.2023 (2/2) Anu Index : Yes / No Note to office:Issue order copy on 22.09.2023 To.

1.The Deputy Director of Agriculture, Salam Agriculture Office, Salem.

2.The Administrative Officer (Incharge), Uzhavar santhai, Dhadhagapatti, Salem-6.

W.P.No.27101 of 2023 and W.M.P.Nos. 26542 and 26543 of 2023 4/4