G.Ramesh Gandhi v. The Commissioner Of Police
W.P.[MD]No.100 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.100 of 2018 and W.M.P.(MD)No.112 of 2018 G.Ramesh Gandhi
...Petitioner
/Vs./ The Commissioner of Police, O/o. The Commissioner of Police, Madurai City, Madurai.
...Respondent
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the Impugned Order passed by the respondent in Na.Ka.No.T3/973/66035/2017/Kaa.Aa.Aa.No.1687/2017 dated 04.12.2017 and quash the same as illegal.
For Petitioner : No appearance For Respondent : Mr.K.S.Selvaganesan Standing Counsel for State
ORDER
The petitioner is called absent. This writ petition was part of a batch of five writ petitions bearing W.P.(MD)Nos.101 to 105 of 2018.
2.The facts and circumstances in all five matters are similar as may be seen from the orders of this Court, passed in W.P.(MD) Nos.101 to 105 of 2018 challenging orders passed by the Commissioner of Police, arrayed as respondent.
3.In the other five writ petitions, my predecessor has set aside the impugned order on the ground that no show cause notice had been issued to the petitioner prior to passing of the same. The impugned proceedings were set aside and the matters remitted to the respondent for fresh consideration, in accordance with law and after issuing show cause notice to the petitioner.
4.Mr.K.S.Selvaganesan, learned Standing Counsel appearing for the respondent would submit that de novo enquiry has been concluded in those matters, though adverse to those petitioners. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.100 of 2018 5.Thus, in the interest of uniformity and more importantly for the reason that no show cause notice has been issued prior to passing of the impugned order, which violates the principles of natural justice, I set aside impugned order dated 04.12.2017, directing the respondent to issue show cause notice to the petitioner, hear him and pass orders in accordance with law. This exercise shall be completed, within a period of six weeks from today.
6.This Writ Petition is disposed as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The Commissioner of Police, O/o. The Commissioner of Police, Madurai City, Madurai.
+1 CC to M/s.SPL.GP ( SR-33756[F] dated 09/11/2021 ) W.P.(MD)No.100 of 2018 08.11.2021 MGJ/JGB(17.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2