K. SUBBA REDDY Vs. DISTRICT COLLECTOR, VILLUPURAM DISTRICT

JUDGEMENT

(1.) The show cause notice dtd. 21/1/2004 issued by the respondent in respect of illegal quarrying of Black Granite in S.F.No.9/2006 in Kunnam Village, Vanur Taluk is under challenge in the present writ petition.

(2.) The learned counsel for the writ petitioner states that the show cause notice itself is untenable on the ground that the authorities competent had predetermined the issues on merits and issued the show cause notice. Thus, no purpose would be served in submitting the explanations before such authorities an the writ petitioner may not get fair opportunity and justice before the respondent.

(3.) The learned counsel for the petitioner cited the judgment of the Hon'ble Supreme Court of India in the case of Siemens Ltd., Vs. State of Maharastra and others, reported in 2006 12 SCC 33, wherein the Apex Court of India held that the writ proceedings against the show cause notice shall be entertained under Article 226 of the Constitution of India, if the notice has been issued without jurisdiction has been held by the Apex Court in several decisions. Further, the learned counsel for the petitioner urged this Court by citing Paragraph 9 of the judgment that if the notice is issued with premeditation, a writ petition would be maintainable. Relying on said sentence observed by the Hon'ble Supreme Court of India, the learned counsel for the petitioner is of an opinion that the show cause notice is liable to be scrapped on the ground that the same was issued on premeditation.