High CourtsSingle Bench(2010) 10 MAD CK 0064

Chellaperumal, Murugeswari and Panjavaranam vs The District Social Welfare Officer and S. Angalaeswari

Madras High Court · Decided on 29 October 2010

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 13199 of 2010 and M.P. (MD) No. 2 of 2010

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Judgment

13 paragraphs · 291 words

M. Jaichandren, J.—This writ petition has been filed challenging the proceedings of the first Respondent, dated 07.09.2010, requesting the

Petitioners to appear before the first Respondent for an enquiry, based on the complaint given by the second Respondent.

2.

It has been stated that the Petitioners had already appeared before the first Respondent, based on the said notice, on 27.09.2010. However,

the first Respondent had requested the Petitioners to appear for an enquiry once again. It has also been stated that the Petitioners and the second

Respondent are close relatives. The complaint given by the second Respondent is mala fide in nature and therefore, the impugned proceedings of

the first Respondent, dated 07.09.2010, is to be set aside.

3.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned Counsel

appearing on behalf of the Petitioners, this Court does not find sufficient cause or reason to grant the relief, as prayed for by the Petitioners, in the

present writ petition. The Petitioners are not in a position to show that the first Respondent does not have the authority or the jurisdiction to ask the

Petitioners to appear for an enquiry, to enquire into the allegations made by the second Respondent. As such, the writ petition is devoid of merits

and therefore, it is dismissed. No costs. However, it is made clear that it would be open to the Petitioners to raise all the grounds during the

enquiry to be held by the first Respondent. On such grounds being raised, it is for the first Respondent to consider the same and pass appropriate

orders thereon, as expeditiously as akv possible. Consequently, connected Miscellaneous Petition is closed.