Parameswaran .T v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25379 of 2023 and W.M.P(MD) Nos.21545 and 21546 of 2023 T.Parameswaran ... Petitioner Vs.
1. The District Collector, Thanjavur District.
2. The Revenue Divisional Officer, Thanjavur.
3. The Joint Director, Directorate of Agriculture Department, (Crop Insurance) Joint Directorate Office, Kaattuthottam, Thanjavur.
4. The Joint Registrar for Managing Director, District Central Cooperative Bank, West Street, Thanjavur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned report of second respondent in Na.Ka.4167/ 2023/AA1, dated 13.07.2023 quash the same and consequently direct the 1/5
respondents herein to conduct proper enquiry after giving opportunity producing all relevant documents and files and submit a report within a reasonable time.
For Petitioner : Mr.C.Padmaraj For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 to R3 : Mr.D.Shanmugasethupathi for R4
O R D E R
The present writ petition has been filed by the Secretary of Primary Agricultural Co-operative Credit Society, challenging the recommendation made by the second respondent to the first respondent herein for initiating departmental proceedings as against the writ petitioner and others for certain alleged illegal activities said to have been done by them relating to misutilization of Crop Insurance.
2. A perusal of the impugned order, dated 13.07.2023 reveals that after enquiry, the second respondent herein felt that departmental proceedings could be initiated and he has recommended the same to the first respondent herein. Based upon the said recommendation, a Memo has been issued to the 2/5
writ petitioner on 22.08.2023 by the Administrator of the Society, for which, the petitioner has submitted an explanation on 04.09.2023.
3. It is for the Administrator to proceed further if he is not satisfied with the explanation submitted by the writ petitioner. The order impugned in the writ petition is just an inter-departmental communication wherein the second respondent has recommended to the first respondent for initiation of departmental enquiry. This writ petition is premature in nature and therefore, does not call for any interference. It is needless to point out that in case, any enquiry is contemplated, due opportunity should be given to the writ petitioner.
4. With the above said observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
09.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The District Collector, Thanjavur District.
2. The Revenue Divisional Officer, Thanjavur.
3. The Joint Director, Directorate of Agriculture Department, (Crop Insurance) Joint Directorate Office, Kaattuthottam, Thanjavur.
4. The Joint Registrar for Managing Director, District Central Cooperative Bank, West Street, Thanjavur.
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R.VIJAYAKUMAR,J.
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