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2005 DIGILAW 1407 (MAD)

Thenarasu Sarathy & Another v. Manimaran & Others

2005-08-23

A.KULASEKARAN, MARKANDEY KATJU

body2005
Judgment :- (Appeal under Clause 15 of the Letters Patent against the order dated 20.04.2005, passed in WVMP.No.946 of 2004 in WPMP.No.3830 of 2004 in WP.No.3288 of 2004. Writ Petition filed under Article 226 of the Constitution of India praying for issuance of the writ of Mandamus as stated therein.) Markandey Katju, C.J. The Writ Appeal No.1305 of 2005 has been filed against the interlocutory order dated 20.04.2005 made in WP.No.3288 of 2004. Since we are of the opinion that the writ petition No.3288 of 2004 it self can be finally disposed of, we got that petition listed before us. 2. Writ Petition No.3288 of 2004 has been filed for mandamus, forbearing the respondents from removing the petitioner from the post of President, Elakkudi Panchayat, Trichy. 3. In our opinion, this writ petition is premature and hence the same is liable to be dismissed on this ground. A writ petition will lie only when there is some cause of action. A mere charge sheet or show cause notice does not give rise to a cause of action. As held by the Supreme Court in the case of Special Director and another vs,. Mohd. Ghulam Ghouse reported in A.I.R. 2004 SC 1467, ordinarily, no writ will lie against a show cause notice. The same view has been expressed in the case of the Executive Engineer, Bihar State Housing Board vs. Ramesh Kumar Singh and others reported in J.T. 1995 (8) S.C. 331. As yet, the writ petitioner has not been removed from the post of President nor has any punishment or adverse order been passed against him. Therefore, he is not entitled to file this writ petition at this stage as no cause of action has arisen. As and when any adverse order is passed against him, it is open to him to approach the appropriate forum at that stage. The writ petition is therefore dismissed as premature. Consequently, the writ appeal and the connected WAMP., are also dismissed. No costs.