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Madras High CourtWP(MD)/8233/2011dismissed

A.Radha v. State Rep By The Registrar

2022-03-29Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P(MD)No.2 of 2011 A.Radha ... Petitioner Vs 1.State represented by The Registrar General, Office of Registration Department, Santhome High Road, Chennai - 28.

2.The Additional Registrar (Chit), Government of Tamil Nadu, Chennai -28.

3.The Deputy Registrar General, Office of the Registration Department, Trichy.

4.The District Registrar, Court Campus, Contonment, Trichy.

5.The Sub-Registrar, Thiruverumbur Sub- Registrar Office, Thiruverumbur, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified mandamus to call for the records pertaining to the order passed by the second respondent herein and order No.44875/S2/2009, dated 28.01.2011, quash the same and consequently direct the second respondent herein to permit the petitioner as document writer under licence No.A11/TRY/2007. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.S.Shanmugavel, Additional Government Pleader 1/3

ORDER

This writ petition has been filed challenging the show cause notice issued by the second respondent dated 28.01.2011. 2.When the petition was taken up for hearing, learned Counsel for the petitioner sought an accommodation.

3.Perusal of the records shows that this writ petition was filed in the year 2011 as against the show cause notice dated 28.01.2011. The petitioner is a Document Writer. A surprise inspection was conducted by the Vigilance and Anti Corruption Department, Trichy on 24.08.2009, wherein, this petitioner was caught red-handed, arrested and remanded to judicial custody. Based on the criminal case registered against the petitioner, her licence was temporarily suspended as per Rule 16(2) of the Document Writers Licence Rules, 1982. Now the impugned show cause notice is issued calling upon the petitioner to offer her explanation, as to why her licence should not be cancelled. As against the same, the present writ petition is filed.

4.The impugned proceedings is only a show cause notice, therefore, this writ petition is not maintainable in view of the decision of the Hon'ble Supreme Court in Union of India vs. Kunishetty Satyanarayana [(2006) SCC 28].

5.Considering the materials placed on record, this writ petition is dismissed with a direction to the petitioner to offer her explanation to the impugned show cause notice within a period of four weeks from the date of receipt of a copy of this order and on receipt of such explanation, the second respondent shall consider the same and proceed in accordance with law and if the petitioner fails to offer her explanation as directed, it is open to the respondents to proceed in accordance with law, with the available materials. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk 2/3

To 1.The Registrar General, Office of Registration Department, Santhome High Road, Chennai - 28.

2.The Additional Registrar (Chit), Government of Tamil Nadu, Chennai -28.

3.The Deputy Registrar General, Office of the Registration Department, Trichy.

4.The District Registrar, Court Campus, Contonment, Trichy.

5.The Sub-Registrar, Thiruverumbur Sub- Registrar Office, Thiruverumbur, Trichy.

+1 CC to M/s.SPL GP ( SR-15355[F] dated 30/03/2022 ) 29.03.2022 NSN(CO) GC(20.04.2022) 3P 7C 3/3