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Madras High CourtWMP(MD)/16743/2022dismissed

Sophie Angelia v. The Junior Engineer (Distribution)

2022-09-26Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

WMP(MD) No.16743 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN WMP(MD) No.16743 of 2022 IN WP(MD) No.22566 of 2022 SOPHIE ANGELIA ... PETITIONER/PETITIONER Vs

1. THE JUNIOR ENGINEER (DISTRIBUTION), TAMIL NADU ELECTRICITY BOARD, V.M.CHATHIRAM, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

2. RAJKUMAR

3. ARUNACHALAM

4. MEENA ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay all the further proceedings of the impugned notice dated 23.8.2022 issued by the 1st respondent pending disposal of the above Writ Petition.

Prayer in WP(MD).22566/2022 :

Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari by calling for the records pertaining to the impugned notice dated 23.8.2022 issued by the 1st respondent and quash the same as illegal, arbitrary and non-application of mind.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.ANGUSAMY.V, Advocate for the petitioner and of MR.S.DEENADHAYALAN, Standing Counsel on behalf of the 1st Respondent, the court made the following order:- This Petition is filed praying this Court to stay all further proceedings of the impugned notice, dated 23.8.2022 issued by the first respondent, pending disposal of the above Writ Petition. https://www.mhc.tn.gov.in/judis 1/2

WMP(MD) No.16743 of 2022 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The notice sought to be stayed by this Court is only an show cause notice. If a show-cause notice is issued to the Petitioner, he has to approach the authorities concerned with necessary explanation explaining his stand in the said matter. In the present case, the Petitioner has not stated in his petition whether he has appeared before the authorities concerned with proper explanation and has also not stated when he approached the authorities concerned, with his explanation.Further, this Court will not interfere with the show-cause notice at the initial stage, before giving any explanation by the Petitioner and order being passed by the authorities concerned. Hence the Petitioner has not made out any prima facie case for grant of interim stay as sought for and the Petition is liable to be dismissed.

4.Accordingly, this Petition for stay stands dismissed. sd/- 26/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUNIOR ENGINEER (DISTRIBUTION), TAMIL NADU ELECTRICITY BOARD, V.M.CHATHIRAM, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

ORDER

IN WMP(MD) No.16743 of 2022 IN WP(MD) No.22566 of 2022 Date :26/09/2022 vsn USK/GB/SAR- /03.10.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2