Madras High CourtWP(MD)/5130/2022disposed of

M/S.Nadar Mahajana Sangam v. The Deputy Inspector General Of Registration

2022-03-23Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5130 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5130 of 2022 AND WMP(MD)nO.4176 of 2022 M/s.Nadar Mahajana Sangam, Represented by its General Secretary, No.2, South Chithirai Street, Madurai - 625 001.

... Petitioner /Vs./ The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Othakadai, Madurai - 625 107.

... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned notice issued by the respondent in his proceedings in Na.Ka.No.3164/A3/2020 dated 03.03.2022 and quash the same as illegal and arbitrary.

For Petitioner : Mr.B.Saravanan, Advocate For Respondent : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed challenging the impugned proceedings dated 03.03.2022 issued by the respondent calling upon the petitioner to come for enquiry on 28.03.2022. The petitioner is aggrieved by the impugned proceedings on the ground that the details of the complaint alleged against the petitioner have not been given in the impugned enquiry proceedings and the basis of the complaint has also not been revealed. In such circumstances, this writ petition has been filed.

2.Heard Mr.B.Saravanan, learned Counsel for the writ petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

3.The learned Additional Government Pleader appearing for the respondent, on instructions, would submit that once the petitioner appears for enquiry on 28.03.2022, as per the proceedings of the respondent dated 03.03.2022, the details sought for by the petitioner will be furnished to him. The said undertaking given by the respondent is recorded by this Court.

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W.P.[MD]No.5130 of 2022 4.This Court is of the considered view that once the details are furnished by the respondent as sought for by the petitioner in this writ petition on the enquiry date, ie., 28.03.2022, the petitioner must be granted sufficient opportunity to submit a detailed written explanation denying the charges levelled against the petitioner.

5.This Court is also of the considered view that a month's time can be granted by the respondent to the petitioner to submit its written explanation from 28.03.2022 and on receipt of the written explanation within a period of one month from 28.03.2022, the respondent is directed to pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the respondent deems fit to enquire, including granting the petitioner the right of personal hearing, within a period of one month thereafter. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) To The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Othakadai, Madurai - 625 107.

+1 CC to M/s.B.SARAVANAN, Advocate ( SR-14046[F] dated 24/03/2022 ) +1 CC to M/s.SPL GP ( SR-14234[F] dated 24/03/2022 ) order made in W.P.[MD]No.5130 of 2022 Dated:23.03.2022 SA(31.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2