T.Murugesan v. The Registrar General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.10004 & 10005 of 2025 T.Murugan ... Petitioner Vs.

1.The Registrar General, Madras High Court, Chennai-104.

2.The Principal District Judge, Thanjavur District, Thanjavur.

3.The Principal Subordinate Judge, Principal Subordinate Court, Kumbakonam, Thanjavur District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order in D.No. 5543/2023/B1, dated 24.08.2023 passed by the 2nd respondent and quash the same as illegal.

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For Petitioner : Mr.M.Pozhilan, for M/s.C.Arul Vadivel Associates For Respondents : Mr.M.Mahaboob Athiff

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The inter-departmental communication dated 24.08.2023 is sought to be assailed in the present Writ proceedings.

2.The inter-departmental proceedings would provide no cause for instituting Writ proceedings under Article 226 of Constitution of India. The petitioner has to defend his case by filing particulars to be provided by the competent authorities by following procedures as contemplated under law. Thus, this Writ Petition is premature and not entertainable. 3.No Writ against such inter-departmental proceedings or show cause notice is entertained, unless such proceedings are issued by an incompetent person having no jurisdiction or tainted with the allegation of mala fide. In normal circumstances, a person, on receipt of such show cause notice or departmental 2/5

proceedings, has to respond to the same and defend his case, till such time final decision is taken by the competent authority and an order is passed and communicated.

4.Therefore, the petitioner is at liberty to submit his explanation and defend his case with reference to the judgment if any or Government Orders and after passing final orders, if he is aggrieved, he is at liberty to approach the Court of law.

5.With this observation, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 02.06.2025 (2/2) NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/5

To 1.The Registrar General, Madras High Court, Chennai-104.

2.The Principal District Judge, Thanjavur District, Thanjavur.

3.The Principal Subordinate Judge, Principal Subordinate Court, Kumbakonam, Thanjavur District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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