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Madras High CourtWP(MD)/17572/2022allowed

V. Paulraj, v. The Additional District And Sessions Judge,

2026-02-12Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 02.01.2026 Delivered on : .02.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and W.M.P.(MD) Nos.12796 & 12797 of 2022 V.Paulraj ... Petitioner Vs.

The Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District.

... Respondent 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 passed by the respondent No.nil, dated nil and quash the same.

For Petitioner : Mr.R.V.Rajkumar For Respondent : Mr.D.Venkatesh 1/4

JUDGMENT

(Judgment of the Court was made by R.Kalaimathi J.) Challenge is made to the proceedings dated nil (08.04.2022) passed by the learned Additional District and Sessions Judge, Srivilliputhur, in respect of V.Paulraj, then Grade-I Bench Clerk of Additional District and Sessions Court, Srivilliputhur, ordering recovery based on Audit slip No.11, dated 28.02.2020 (Camp at ADJ, Fast Track Court, Virudhunagar). In the said proceedings, an amount of Rs.7,98,516/- (Rupees Seven Lakhs Ninety Eight Thousand Five Hundred and Sixteen only) is ordered to be recovered in 57 installments. If any order of recovery is made, principles of natural justice demand that concerned person should have been given notice. However, his explanation had not been obtained before passing the impugned order.

2. Therefore, in such circumstances, this Writ Petition is allowed and the impugned order of the Additional District and Sessions Court, dated nil (08.04.2022) stands set aside. The petitioner to treat the said order as notice and three weeks' time is granted to the petitioner to offer 2/4

his explanation to the Additional District and Sessions Judge, Srivilliputhur and in turn, the learned Judge shall consider his representation and pass orders in accordance with law within four (4) weeks thereafter. No costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [R.K.M., J.] .02.2026 (3/3) Index : Yes/No Internet : Yes/No NCC : Yes/No apd To The Additional District and Sessions Judge, Srivilliputhur, Virudhunage District.

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G.R.SWAMINATHAN,J.

AND R.KALAIMATHI, J.

apd .02.2026 (3/3) 4/4