Rukmani Ammal Educational And v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.4323 of 2022 Rukmani Ammal Educational & Charitable Trust, Dindigul, Represented by its Treasurer, Sreenivasan, S/o.VL.Krishnasamy, Residing at 5/834, Malligai Street, Co-operative Nagar, Dindigul - 624 005.

... Petitioner Vs 1.The Supreintending Engineer, Madurai Region, Madurai.

2.The Assistant Executive Engineer, Distribution, Usilampatti, Madurai.

3.The Assistant Engineer, TANGEDCO, West 1/4

4.The Assistant Account Officer, Revenue Branch, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned notice issued by third respondent dated 16.03.2022 in Lr.No.AEE/D/Usilai/S.AA/File.AAO/A.No.165/2022 and quash the same. For Petitioner : Ms.M.Rajeswari For Respondents : Mr.S.Dheenadhayalan Standing Counsel

ORDER

Heard both sides.

2. The impugned demand has been raised straightaway passed on audit slip dated 24.12.2021. The petitioner has not been issued with any prior notice. There is a clear violation of principles of natural justice. On this sole ground, the impugned demand is set aside.

3. The matter is remitted to the file of the third respondent. It is open to the third respondent to issue notice to the petitioner and after notifying the 2/4

petitioner's objection and after holding a summary enquiry, final order shall be passed in accordance with law. I make it clear that I have not gone into the merits of the matter. The impugned communication is quashed.

4. This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 03.10.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Supreintending Engineer, Madurai Region, Madurai.

2.The Assistant Executive Engineer, Distribution, Usilampatti, Madurai.

3.The Assistant Engineer, TANGEDCO, West 3/4

G.R.SWAMINATHAN, J.

MGA 4.The Assistant Account Officer, Revenue Branch, and W.M.P(MD)No.4323 of 2022 03.10.2023 4/4