C. Selvaganapathy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.2496 of 2025 C.Selvaganapathy .... Petitioner /Vs./ 1.The Tahsildar, Bodinaickanur Taluk, Bodinaickanur, Theni District.

2.The Revenue Inspector, Bodinaickanur Taluk, Bodinaickanur, Theni District.

3.Velmani ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings in Na.Ka.No.5390/2024/A2 dated 09.01.2025 issued by the first respondent and quash the same as illegal, arbitrary and without jurisdiction.

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For Petitioner : Mr.P.Saravanakumar For R1 & R2 : Mr.S.Kameswaran Government Advocate For R3 : Mr.Velmurugan for M/s.K.S.Prakasam

ORDER

The petitioner challenges only the show cause notice dated 09.01.2025.

2. I have heard Mr.P.Saravanakumar, learned counsel appearing for the petitioner, Mr.S.Kameswaran, learned Government Advocate, who takes notice for the respondents 1 & 2 and Mr.Velmurugan, learned counsel appearing for the contesting third respondent.

3. Learned counsel for the respondents in unison would submit that the petitioner is not entitled to challenge the show cause notice and therefore, the writ petition is liable to be dismissed. 2/5

4. On going through the show cause notice, I find that the petitioner has only been called upon to appear on 04.02.2024 along with relevant documents and put forth all his claims and contentions before the Tahsildar. It appears that, on 04.02.2024 the petitioner also appeared in person and sought for time and now, the enquiry stands adjourned to 12.02.2025.

5. Therefore, I am not inclined to set aside the show cause notice since it is always open to the petitioner to appear before the authority and put forth all his claims and contentions with supporting documents.

6. In view of the above, the writ petition is disposed of with liberty to the petitioner to appear before the Tashildar/ first respondent on 12.02.2025 and furnish all relevant documents and also put forth his contentions. The first respondent, after considering the claims and counter claims of the petitioner and the third respondent, shall pass orders on merits and in accordance with law within a period of 8 weeks 3/5

after the conclusion of the enquiry proceedings. No costs. Consequently, connected miscellaneous petition is also closed. Index : Yes / No NCC : Yes / No 07.02.2025 am TO:- 1.The Tahsildar, Bodinaickanur Taluk, Bodinaickanur, Theni District.

2.The Revenue Inspector, Bodinaickanur Taluk, Bodinaickanur, Theni District.

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P.B. BALAJI , J.

am Order made in Dated:

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