Madras High CourtWP(MD)/20787/2017dismissed

Ujainikali Amman Poor And v. The Sub Collector

2017-11-10Honourable Mr Justice Abdul Quddhose,Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.20787 of 2017 and W.M.P(MD)Nos.17075 & 17076 of 2017 Ujainikali Amman Poor and Poverty People Residents' Welfare Association, Represented by its Secretary, Ramachandran : Petitioner .vs.

The Sub-Collector, Palani, Dindigul District. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings passed by the Respondent in Na.Ka.No.12386/2005/A6 dated 31.10.2017, quash the same and consequently directing the respondent to provide opportunity for personal hearing by following the natural justice under G.O.Ms.No.540 (Rev. Dept.) dated 04.12.2014. For Petitioner :Mr.RM.Arun Swaminathan

O R D E R

********** [Order of the Court was made by M.VENUGOPAL, J.] The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records pertaining to the impugned proceedings passed by the Respondent in Na.Ka.No.12386/2005/A6 dated 31.10.2017, quash the same and consequently directing the Respondent to provide opportunity of personal hearing by following the natural justice under G.O.Ms.No.540 (Revenue Department) dated 04.12.2014.

2. Heard the Learned Counsel for the Petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. Since this Court is disposing of the main Writ Petition on the issue of maintainability, it is not ordering notice to the Respondent/Sub-Collector, Palani, Dindigul District.

4. It transpires that the Petitioner has focussed the present Writ Petition before this Court based on the impugned proceedings in Na.Ka.No.12386/2005/A6 dated 31.10.2017 passed by the Respondent, which is admittedly an Internal/Secret/Confidential meeting proceedings. As such, this Court is of the earnest opinion that filing of the present Writ Petition based on the Internal proceedings of the Respondent dated 31.10.2017, is Per Se not maintainable in the eye of Law. Viewed in that perspective, the present Writ Petition fails.

5. In fine, the Writ Petition is dismissed as not maintainable. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To The Sub-Collector, Palani, Dindigul District.

+One cc to The Special Government Pleader, SR.No.86913 pm RL/3C/2P/MR/KKR/SAR1/22/11/2017 ORDER MADE IN W.P.(MD)No.20787 of 2017 10.11.2017 https://hcservices.ecourts.gov.in/hcservices/