2023 (6) TMI 490

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....e of enquiry issued by the first respondent dated 15.05.2023. 2. The petitioners before this Court are the Management Committee members of Victoria Edward Hall Society, Madurai. According to them, the first respondent has issued the impugned notice dated 15.05.2023 for conducting enquiry on the alleged irregularities with regard to the functioning of the Society. However, even before conducting the enquiry, a Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023, came to be passed, superseding the Management Committee of Victoria Edward Hall Society. Without recalling this Government Order, the impugned notice of enquiry came to be issued and therefore, they have filed this writ petition. ....

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.... Senior Counsel, this Government Order was passed without affording an opportunity of hearing to the petitioners / the newly elected Management Committee Members and without recalling this Government Order, the first respondent has issued the impugned notice of enquiry, as an eyewash, to show as if they have provided due opportunity. 5. According to the learned Senior Counsel, post decisional opportunity of hearing does not sub-serve the principles of natural justice and in this regard, he has relied on the decision of the Hon'ble Supreme Court in H.L.Trehan & Others v. Union of India & Others, reported in CDJ 1988 SC 029, wherein, it has been held as follows:- "12. It is, however, contended on behalf of CORIL that after the....

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....f 2023, has directed them to pass appropriate orders on the representation of the petitioners dated 04.02.2023 after affording them due opportunity of hearing. In pursuance of the said direction, the impugned notice of enquiry dated 15.05.2023 was issued before passing orders on the representation dated 04.02.2023. 7. This Court paid it's anxious consideration to the rival submissions and also to the materials placed on record. 8. The bone of contention of the petitioners is that the impugned notice of enquiry dated 15.05.2023 ought to have been issued after recalling the Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023, in and by which, the Management Committee was superseded by....

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....ber 11. According to the petitioners, the writ petitions in WP.(MD)Nos.18857, 18858 of 2021 was filed by the then office bearers challenging G.O.Ms.No.140, Registration Department, dated 14.10.2021, wherein, this Court, by order dated 22.08.2022, remanded the matter for passing orders afresh after affording due opportunity of hearing to the elected members. It appears that the writ petition in WP.(MD)No.18857 of 2021 was filed by one I.Ismail, who is also the incumbent Secretary of the Society. The writ petition in WP.(MD)No.18858 of 2021 was filed by one P.Sudalai and 11 others. Of these 12 persons, it appears, six persons have been re-elected as the office bearers of the Society. They are P.Sudalai [incumbent President], D.Nallathambi ....

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....023 and filed WP.No.7179 of 2023 for a mandamus. The Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department was passed on 01.03.2023. This Court, on 10.03.2023, directed the respondents to pass orders on the representation of the petitioners. This order was passed at the admission stage itself. The petitioners have suppressed the issuance of the Government Order dated 01.03.2023, when the writ petition came up for hearing on 10.03.2023. Therefore, this Court, without any reference to the Government Order dated 01.03.2023, directed the first respondent herein to pass orders on the representation of the petitioners. 15. Since the Government Order in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department,....