The High Court dismissed a writ petition seeking to quash an enquiry letter regarding the verification of the petitioner's Community Certificate. The Court held that interference was not warranted as the enquiry was still in its preliminary stages and natural justice principles were observed by issuing the show-cause notice.
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: 27.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE C.SARAVANAN
K.Vijaya .. Petitioner
Vs.
The Assistant Commissioner of Police, Social Justice and Human Rights Cell, Office of the Commissioner of Police Back Side, Linemedu, Salem-6.
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent in its Letter No.Nil, dated 02.01.2019 and quash the same and consequently forbear the respondent from conducting verification of the Community Status of the petitioner.
For petitioner : Mr.V.Vijay Shankar
For respondents : Mr.V.Shanmuga Sundar, Spl.G.P.
ORDER (The Order of the Court was made by R.Subbiah, J)
The petitioner has filed the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent in its Letter No.Nil, dated 02.01.2019 and quash the same and consequently forbear the respondent from conducting verification of the Community Status of the petitioner.
the enquiry relating to verification of the genuineness of the Community Certificate and also directing the petitioner to produce documents as stated in the impugned letter. Such a letter has been issued to the petitioner in compliance of the principles of natural justice, so as to afford an opportunity of personal hearing to the petitioner to come forward with his defence, if any, to the order proposed to be passed by the respondent. Therefore, by virtue of the impugned letter, no final decision has yet been taken by the respondent, much to the chagrin of the petitioner. In such view of the matter, interference of this Court is not warranted at this stage. The Writ Petition is therefore pre-mature and this Court cannot delve into the matter at this stage. Hence, the Writ Petition cannot be entertained and it is liable to be dismissed. The petitioner shall co-operate in the enquiry proceedings initiated by the respondent through the impugned letter. If the petitioner fails to co-operate in the said enquiry proceedings, the respondent shall proceed with the enquiry based on the available documents, as stated by them in the impugned letter.
Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
cs
To
W.P.No.4319 of 2019
VG II(CO) GN(09/10/2019)
1 issue framed by the court
Whether this Court should interfere at a stage where the respondent has merely issued an enquiry letter and no final decision has been taken.
1 provisions across 1 enactments
K.Vijaya
The Assistant Commissioner of Police, Social Justice and Human Rights Cell, Salem
R.Subbiah
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
