Suresh.R v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.24912 of 2022 and W.M.P.(MD)Nos.19011 and 19012 of 2022 R.Suresh .. Petitioner

Versus

1.The District Registrar (Administration), Registration Department, O/o. the District Registrar Office, Palani, Dindigul District.

2.The Sub-Registrar, Registration Department, Vadamadurai, Dindigul District.

3.The Sub-Registrar, Registration Department, Ponnamaravathi, Pudukkottai District.

4.A.K.Haribasker 5.Aa.Alagesan .. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned enquiry notice, issued by the first respondent, vide his proceedings in No.2040/E1/2022, dated 17.08.2022 and quash the same as illegal. 1/4

For Petitioner :

Mr.M.Eswaran For Respondents 1 to 3 :

Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Certiorari, to quash the impugned enquiry notice, issued by the first respondent, vide his proceedings in No.2040/E1/2022, dated 17.08.2022. 2.Heard Mr.M.Eswaran, learned counsel appearing for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.Having regard to the nature of the order proposed to be passed in this Writ Petition, notice to the respondents 4 and 5 is dispensed with. 4.This Court is not inclined to accept the prayer made by the petitioner as he has challenged only an enquiry notice, dated 17.08.2022. It is well settled that Writ against the show cause notice/enquiry notice is not maintainable. The impugned notice is only a notice sent to the petitioner based upon a complaint of one Dr.Aa.Alagesan, the fifth respondent herein, calling upon the petitioner to appear for an enquiry with regard to the aforesaid 2/4

complaint along with all the relevant documents. Without appearing before the first respondent, the petitioner cannot apprehend that there will be some kind of adverse orders passed against him. Therefore, the petitioner is directed to appear before the first respondent on the next date of hearing that shall be intimated to the petitioner by the first respondent. 5.This Writ Petition stands disposed of with the above direction. No costs. Consequently, connected W.M.Ps. are closed. Index : Yes/No 02.11.2022 smn2 To 1.The District Registrar (Administration), Registration Department, O/o. the District Registrar Office, Palani, Dindigul District.

2.The Sub-Registrar, Registration Department, Vadamadurai, Dindigul District.

3.The Sub-Registrar, Registration Department, Ponnamaravathi, Pudukkottai District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 02.11.2022 4/4