The High Court of Madras dismissed a writ petition filed by a tenant challenging a notice for enquiry scheduled by the Special Deputy Collector. The Court held that a notice for enquiry does not cause final adjudication and thus is not maintainable as a writ.
Writ petition is dismissed. No costs. Connected miscellaneous petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P. No.16208 of 2004 and W.M.P.No.19142 of 2004
D. Marimuthu
Senthamangalam,Perungudi Post,
Thiruvedaikali, Tharangambadi Taluk ... Petitioner
Vs.
1. The Special Deputy Collector
(Revenue Court),
East Car Street, Mayiladuthurai.
2. The Special Revenue Inspector,
Enforcement, Revenue Court,
Mayiladuthurai.
3. Mohammed Akaiya
No.3/146, Valaipattai Street,
Sankaran Panthal Village,
Tharangambadi Taluk ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified mandamus to call for the records relating to proceedings of the first respondent in Ne.Ma.No.257/96/A, dated 31.05.2004 and quash the same and consequently directing the first respondent to pass fresh orders after giving an opportunity of hearing to the petitioner as contemplated under Tamilnadu Cultivating Tenants Protection Act 1955.
For Petitioner : Mr. Shivakumar For Respondents : Mr. I. Sathish, A.G.P.for R1 & R2
1
O R D E R
This writ petition has been filed challenging the information given to the petitioner regarding the enquiry scheduled to be conducted by the Special Deputy Tahsildar, (Revenue) Mayiladurai.
Sd/-
Assistant Registrar(Insp cell)
//True Copy//
Sub Assistant Registrar
mrp
To
1.The Special Deputy Collector
(Revenue Court),
East Car Street, Mayiladuthurai.
2.The Special Revenue Inspector,
Enforcement, Revenue Court,
Mayiladuthurai.
+1cc to the Government Pleader SR.87359
W.P. No.16208 of 2004
AD(CO)
CB(04/12/2019)
2
2 issues framed by the court
Whether a tenant can maintain a writ petition challenging a notice for enquiry scheduled for eviction proceedings.
Whether a notice for enquiry issued by the revenue authority is maintainable as a writ petition.
2 provisions across 2 enactments
D. Marimuthu
The Special Deputy Collector (Revenue Court), East Car Street, Mayiladuthurai
The Special Revenue Inspector, Enforcement, Revenue Court, Mayiladuthurai
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
