AI Structured Summary
Not yet generated for this judgment
Judgment
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.
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.
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.
