Thangarasu v. District Collector, Office of the District Collector, Namakkal
2019-05-22
P.D.AUDIKESAVALU
body2019
DigiLaw.ai
JUDGMENT : 1. The Writ Petition challenges the orders bearing "Na. Ka. 36695/ Chikkanaickenpayalaym (175/0)/2018/H.2" dated 09.02.2019 and "Na. Ka. 36695/ Chikkanaickenpayalaym (175/1)/2018/H.2" dated 11.02.2019 relating to the First and Second Petitioners passed by the First Respondent and for consequential direction. 2. Heard Mr. M. Guruprasad, Learned Counsel for the Petitioners, Mrs. K. Bhuvaneswari, Learned Government Advocate appearing on behalf of the First Respondent and Mr. R. Thiagarajan, Learned Senior Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties. 3. The main grievance ventilated by the Learned Counsel for the Petitioners is that before passing the impugned orders, the Advocate for the Petitioners was on 22.01.2019 served with a notice dated 14.01.2019 to appear for enquiry on 21.01.2019 before the First Respondent making it practically impossible for the Petitioners to attend that hearing. It is further submitted that a letter dated 23.01.2019 was sent to the First Respondent requesting to fix another date for enquiry, but no reply was received for the same and instead the impugned orders dated 09.02.2019 and 11.02.2019 have been passed which entail adverse civil consequences to the Petitioners. 4. The Learned Senior Counsel appearing for the Second Respondent fairly submitted that in view of the aforesaid complaint of violation of principles of natural justice made by the Petitioners, the impugned orders may be set aside and that the First Respondent, viz., District Collector, Namakkal may issue a fresh notice to the Petitioners for hearing specifying the date, time and place so that the Petitioners or on their place their Counsel may appear without seeking any further time. 5. Recording the aforesaid submissions made, the impugned orders "Na. Ka. 36695/Chikkanaickenpayalaym (175/0)/2018/H.2" dated 09.02.2019 and "Na. Ka. 36695/Chikkanaickenpayalaym (175/1)/2018/H.2" dated 11.02.2019 passed by the First Respondent, viz., District Collector, Namakkal are set aside, and the First Respondent is directed to issue fresh notice by Registered Post with acknowledgement due to the Petitioners atleast two weeks before proposed date of hearing to the Petitioners specifying the date, time and place of enquiry and thereafter decide the matter after affording full opportunity of hearing to all parties concerned considering each of the objections made by them and pass reasoned orders on merits and in accordance with law and communicate the decision taken to the parties concerned and complete the aforesaid exercise by 31.07.2019. 6.
6. The Writ Petition is disposed of on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.