A.M.Shaji v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.22467 & 22468 of 2024 A.M.Shaji : Petitioner Vs.

1.The District Collector, Kanyakumari District, at Nagercoil.

2.The Executive Officer, Selection Grade Town Panchayat, Pudukkadai, Kanyakumari District.

3.Jees Rymond : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings in e.f. 249/2024/m1 ehs; 22.07.2024and quash the same as illegal and arbitrary action and consequently direct the official respondents 1/5

not to interfere in the civil dispute between the petitioner and the third respondent till the disposal of pending suit in O.S.No.75 of 2019 and 31 of 2020 on the file of the Munsif Court, Kuzhithurai, Kanyakumari District.

For Petitioner : Mr.Ananth C.Rajesh For Respondent No.1 : Mr.S.Shaji Bino Special Government Pleader For Respondent No.2 : Mr.J.Ashok Additional Government Pleader

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] This Writ Petition has been filed for a Writ of Certiorarified Mandamus, to quash the proceedings of the second respondent in e.f.249/2024/m1 ehs; 22.07.2024 and for a consequential direction to the official respondents not to interfere in the civil dispute between the petitioner and the third respondent till the disposal of pending suit in O.S.No.75 of 2019 and 31 of 2020 on the file of the Munsif Court, Kuzhithurai, Kanyakumari District. 2.The notice calling upon the petitioner to participate in an enquiry before the Special Officer of Pudukkadai Town Panchayat is put under challenge in the present petition. 2/5

3.The law is well settled with regard to the scope of interference, to an enquiry notice, under Article 226 of the Constitution of India and barring a very few exceptions like lack of authority, etc., this Court will not venture to quash such an enquiry notice. None of the grounds raised by the petitioner herein touches upon those exceptions, which may empower this Court to interfere with the enquiry notice.

4.Accordingly, this Writ Petition stands dismissed. The petitioner is at liberty to participate in the enquiry pursuant to the impugned enquiry notice and put forth his objections, if any. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 06.11.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Kanyakumari District, at Nagercoil.

2.The Executive Officer, Selection Grade Town Panchayat, Pudukkadai, Kanyakumari District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 06.11.2024 5/5