Thomas V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 18591 of 2025 and W.M.P(MD)Nos. 14243 & 14244 of 2025 REV.V.Thomas ... Petitioner vs.

1. The District Collector, Collector Office Main Road, Chennamanayakkampatti, Dindigul - 624 004.

2. The Deputy Director (Health Services), Meenakshi Naickenpatti (Post), Palani Road, Dindigul - 624 002.

3. The District Social Welfare Officer, District Collector Office Building, Room No.88, Dindigul - 624 004.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records culminated in the impugned show cause notice dated 30.05.2025 vide Na.Ka.No.1207/A3/2022 issued by the 3rd respondent and quash the same.

For Petitioner : Mr.R.Prabhakaran For Respondents : Mr.R.Ragavendran, Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorari to quash the impugned show cause notice dated 30.05.2025 issued by the 3rd respondent.

2. Admittedly, the petitioner is running a home for dying dying destitute and critically ill terminal patients by giving proper environment and treatment to the said people. However, the respondents have taken action against the said home for not complying the statutory required conditions.

3. In a previous round of litigation when the respondents have issued a show cause notice dated 02.03.2018. The petitioner had filed W.P.(MD)No. 5193 of 2018. This Court vide order dated 08.11.2024 has directed the District Social Welfare Officer to issue Issue fresh showcase notice and take appropriate action as per law. Based on the direction the present show cause notice was issued.

4. The learned counsel appearing for the petitioner submitted that the District Welfare Officer is not empowered to issue the notice, and that the appropriate authority is the District Collector/first respondent herein. On perusal of the earlier order, it is seen that, based on the court's direction, the District Welfare Officer has issued the present show cause notice. If there is any question regarding jurisdiction, the District Collector is empowered to carry on the further proceedings. Therefore, the District Collector/first respondent is directed to process the show cause notice.

5. Based on the impugned show cause notice, the petitioner is directed to submit all the necessary documents referred to therein within a period of four weeks from the date of receipt of a copy of this order. Upon such submission, the District Collector shall process the same and pass appropriate orders within a period of eight weeks thereafter. If necessary, a personal hearing may be granted to the petitioner before passing any orders.

6. With the above observations, this Writ Petition is disposed off. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA

To:

1. The District Collector, Collector Office Main Road, Chennamanayakkampatti, Dindigul - 624 004.

2. The Deputy Director (Health Services), Meenakshi Naickenpatti (Post), Palani Road, Dindigul - 624 002.

3. The District Social Welfare Officer, District Collector Office Building, Room No.88, Dindigul - 624 004.

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.18591 of 2025 DATED :05.08.2025