Shajahan v. The District Supply Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)Nos.2 to 4 of 2015 1.Shajahan 2.Akbar Ali 3.Kulob John Beevi 4.Habeeb Rahuman 5.Ravichandran 6.Abdul Rasheed 7.Matharsha 8.Subbaian 9.Kanga Khan 10.Rajendran 11.Paramasivam 12.Hameetha Beevi 1/6

13.Muniappan 14.Samsudeen 15.Kumaravel 16.Mohammed Sulaiman 17.Mohammed Fathima 18.Mushthafa 19.Kadhar Beevi 20.Ponnatha 21.Mohammed Habeeb 22.Mydeen 23.Mohammed Hanifa 24.Selavar 25.Kuppusamy 26.Mohammed Usub 27.Gandhi 28.Tamilarasi 29.Abdul Majeed 30.Suruli Masthanammal 31.Vasantha 2/6

32.Ahamed 33.Palkees Begam 34.Mohammed Ibraheem Beer Oli 35.Rafeek ... Petitioners Vs.

1.The District Supply Officer, Theni, Theni District.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Taluk Supply Officer, Uthamapalayam, Theni District.

... 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 pertaining to the order passed by the third respondent in his proceedings Na.Ka,No. 91/2015/D1 dated 11.08.2015 and quash the same as illegal. For Petitioners : Mr.T.Lenin Kumar For Respondents : Mr.R.Ragavendran Government Advocate 3/6

ORDER

Heard both sides.

2.The writ petitioners herein are licensed Kerosene retail suppliers. They challenge the impugned proceedings dated 11.08.2015 issued by the first respondent, levying penalty on them. The petitioners were issued memoranda dated 11.07.2015 and 22.07.2015 calling upon them to appear and submit the relevant records for the months of April to June 2015. The petitioners failed to appear. In this background, penalty has been imposed.

3.Levy of penalty has civil consequence and it should be preceded by a show cause notice. The petitioners were only called upon to appear and produce relevant records. In that regard, memoranda were issued. However, the petitioners were not served with any notice proposing levy of penalty. On this sole ground of violation of principles of natural justice, the impugned proceedings are quashed. 4/6

4.This Writ Petition is allowed accordingly. No costs.

Consequently, connected miscellaneous petitions are closed. 16.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Supply Officer, Theni, Theni District.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Taluk Supply Officer, Uthamapalayam, Theni District.

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G.R.SWAMINATHAN, J.

MGA 16.09.2025 6/6