Madras High Court
M.Sonaimuthu vs The Assistant Commissioner (Excise) on 4 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1532 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.1532 of 2022
and
C.M.P(MD)No.12969 of 2022
1.M.Sonaimuthu
2.M.Muthunayagam ... Appellants /
Petitioners
Vs.
1.The Assistant Commissioner (Excise),
Madurai District,
Madurai.
2.The District Revenue Officer (DRO),
Madurai District,
Madurai.
3.Anbu Muthusamy
4.The Executive Officer,
Arulmigu Edaganathasamy Temple,
Thiruvedagam,
Madurai North Taluk,
Madurai District. ... Respondents /
Respondents
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1/6
W.A.(MD)No.1532 of 2022
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 08.12.2022 in W.P(MD)No.19483 of 2022 and allow the
writ appeal as prayed for.
For Appellants : Mr.S.Ramesh
For Respondents : Mr.S.RA.Ramachandran
Additional Government Pleader
for R.1 & R.2
Mr.V.Nagendran for R.3
Mr.C.Gugaseelarupan for R.4
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.The District Revenue Officer, Madurai issued enquiry notice
dated 14.08.2012 calling upon the appellants to attend the enquiry.
Challenging the same, the appellants filed W.P(MD)No.19483 of 2013.
The writ petition was dismissed by the learned single Judge on
08.12.2022 on the ground that challenge at the stage of notice may not
really lie. Questioning the said order, this intra-Court appeal has been
filed.
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3.It is true that the writ Court would be reluctant to interfere at the
show cause notice. But then, if it is demonstrated that notice has been
issued without jurisdiction, then the writ Court is obliged to intervene.
In this case, the third respondent herein has given some complaint before
the District Collector, Madurai on public grievance redressal day. The
said application appears to have been forwarded to the Tahsildar,
Madurai North. The Tahsildar, Madurai North conducted enquiry and
submitted report on 17.12.2012.
4.We fail to understand as to how the report was sent to the
Assistant Commissioner (Excise), Madurai. The said authority
subsequently sent report dated 02.07.2012 to the District Revenue
Officer, Madurai stating that mutation of patta in favour of
Muthunayagam Pillai, father of the appellant was improper and that
appropriate changes should be made in the revenue record. Based on this
communication dated 02.07.2012 sent by the Assistant Commissioner
(Excise), Madurai, the impugned notice came to be issued by the District
Revenue Officer. We also fail to understand as to how the Assistant
Commissioner (Excise), Madurai North could have even intervened in
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the matter. If according to the third respondent, the entry in the revenue
record is improper, appropriate method is either to file a civil suit or file
an appeal before the concerned authority. Giving representation and
obtaining a finding behind the back of the appellant cannot be endorsed.
We are satisfied that the impugned notice was without jurisdiction. It is
set aside.
5.This Writ Appeal is allowed. Liberty is granted to the
respondents to work out their rights in the manner known to law. No
costs. Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [M.J.R., J.]
04.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The Assistant Commissioner (Excise),
Madurai District,
Madurai.
2.The District Revenue Officer (DRO),
Madurai District,
Madurai.
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3.The Executive Officer,
Arulmigu Edaganathasamy Temple,
Thiruvedagam,
Madurai North Taluk,
Madurai District.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
04.03.2025
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