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G.Shanmugam v. the Director

Madras HC7 Jan 2025WP/371/2025

Case brief

AI extract

What is this about?

Violation of principles of natural justice; recovery order set aside for want of pre-decisional hearing; remand for fresh consideration; Writ of Certiorari under Article 226; Adi Dravidar Welfare Department; District Adi Dravidar and Tribal Welfare Officer, Vellore; Special Tashildar (ADW); Na.Ka.No.O3/019122/2024 dated 04.11.2024; Na.Ka.No.K1/3403/2021 dated 27.11.2024; writ petition disposed; no costs; Madras High Court, Mummineni Sudheer Kumar, J., 07.01.2025.

What did the court decide?

Impugned orders dated 04.11.2024 and 27.11.2024 set aside on the sole ground of violation of principles of natural justice; matters remanded to the 1st respondent (Director, Adi Dravidar Welfare Department) for taking appropriate action in accordance with law after following principles of natural justice; connected miscellaneous petitions closed; no costs.

G.Shanmugam Vs the Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned orders dated 04.11.2024 (Na.Ka.No.O3/019122/2024) and 27.11.2024 (Na.Ka.No.K1/3403/2021), proposing recovery of amounts from the petitioners and issued without notice or opportunity, can be sustained.

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Court's answer

The impugned proceedings dated 04.11.2024 and 27.11.2024 were issued in violation of the principles of natural justice and without affording the petitioners any opportunity, and therefore cannot be sustained.

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Ratio / Principle

Instead of keeping the matter pending, the Court set aside the impugned orders on the sole ground of violation of principles of natural justice and remanded the matter to the respondents for considering afresh.

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Key takeaways

The matters stand remanded to the 1st respondent to take appropriate action in accordance with law, following the principles of natural justice.ratio¶29

Detailed headnote1 paragraphs

Writ Petition (Art. 226, Certiorari) against orders dated 04.11.2024 (Na.Ka.No.O3/019122/2024, 1st respondent) and consequential recovery order dated 27.11.2024 (Na.Ka.No.K1/3403/2021, 2nd respondent) of the Adi Dravidar welfare authorities, Vellore: HELD, the impugned proceedings were issued without following the principles of natural justice and without affording the petitioners any opportunity of hearing, and therefore cannot be sustained. The Court set aside the impugned orders on that sole ground and remanded the matters to the 1st respondent to take appropriate action afresh in accordance with law by following the principles of natural justice. Writ petition disposed of; connected miscellaneous petitions closed; no costs. (Mummineni Sudheer Kumar, J.; decided 07.01.2025.)

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W.P.No.371 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.No.371 of 2025 and

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W.M.P.No.417 of 2025

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1.G.Shanmugam 2.D.Karunanithi 3.R.Parthasarathy

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4.G.Manimegalai

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5.K.Velu

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6.A.Kumar ... Petitioners

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Vs.

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1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai 600 005.

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2.The District Adi Dravidar and Tribal Welfare Officer, Vellore District, Vellore.

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3.The Special Tashildar (ADW) Vellore, Vellore District.

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4.The Special Tashildar (ADW) Gudiyatham, Vellore. ... Respondents

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.371 of 2025

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating impugned order issued by the 1^st respondent in Na.Ka.No.O3/019122/2024 dated 04.11.2024 and the consequential impugned order of recovery issued by the 2^nd respondent in Na.Ka.No.K1/3403/2021 dated 27.11.2024 in so far as the petitioners are concerned and to quash the same.

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For Petitioners : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan

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For Respondents : Mr.U.Baranidharan Additional Government Pleader.

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O R D E R

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The impugned proceedings dated 04.11.2024 and 27.11.2024 themselves indicate that they are issued without following the principles of natural justice and without affording any opportunity to the petitioners, proposing the recovery of amounts from the petitioners. As the impugned proceedings are issued in violation of principles of natural justice, they cannot be sustained.

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In view of the same, instead of keeping the matter pending, this Court deems it appropriate to set aside the impugned orders on the sole ground of violation of principles of natural justice, and to remand the matter back to the respondents for considering afresh. Accordingly, the impugned

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.371 of 2025

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orders are set aside and the matters are remanded back to the 1^st respondent for taking appropriate action in accordance with law by following principles

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of natural justice.

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