R.Muthukumar, v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.11.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.17715 of 2016 and W.M.P.(MD) No. 12751 of 2016 R.Muthukumar

...Petitioner

-Vs1. The District Registrar, (Administration) Ramanathapuram Registration District, Ramanathapuram.

2. The Sub Registrar No-II, Ramanathapuram

3. Mr.Mahesh The District Registrar, (Administration) Ramanathapuram Registration District, Ramanathapuram.

Now posted to The District Registrar, (Audit) Marthandam, Kanyakumari District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the impugned order of the first respondent in Na.Ka.No.2647/A3/2016 dated 29.08.2016 and quash the same.

For Petitioner :Mr.J.Anandkumar For R1 & R2 :Mr.N.S.Karthikeyan for R1& 2 Additional Government Pleader

O R D E R

The writ petition has been filed challenging the order passed by the first respondent in Na.Ka.No.2647/A3/2016, dated 29.08.2016, suspending the petitioner's Document Writer license for a period of five months.

2.According to the petitioner, the first respondent without issuing any show cause notice and without conducting any enquiry, passed the impugned order of suspending the petitioner's Document Writer license for a period of five months 3.The learned counsel for the petitioner would submit that as per Rule 16(3) of the Tamil Nadu Documentary Writers Licence Rule, the District Registrar before passing any order suspending the license, by giving an opportunity to issue show-cause notice against the petitioner and the first respondent / the District Registrar, in violation of Section 16(3) of the Tamil Nadu Documentary Writers Licence Rule, passed the order suspending the petitioner's license.

4.On perusal of the charge shows that the first respondent passed the impugned order without conducting any enquiry and without issuing any show cause notice against the petitioner.

5.In the above said circumstances, without going into the merits of the case, the impugned order passed by the first respondent, dated 29.08.2016, is set aside. However, liberty is given to the first respondent to issue proper show cause notice to the petitioner before initiating any action against him

6. This writ petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Additional Registrar /True Copy/ Sub Assistant Registrar

To

1. The District Registrar, (Administration) Ramanathapuram Registration District, Ramanathapuram.

2. The Sub Registrar No-II, Ramanathapuram

3. Mr.Mahesh The District Registrar, (Administration) Ramanathapuram Registration District, Ramanathapuram.

Now posted to The District Registrar, (Audit) Marthandam, Kanyakumari District.

+1cc to J.Anandkumar,Advocate,SR.67072.

+1cc to Special Government Pleder,SR.67062.

Akv KK/EM/SAR1/11.1.2017/3p/6c W.P.(MD).No.17715 of 2016 08.11.2016