NO WRIT AGAINST AN ENQUIRY CALL LETTER IS ENTERTAINABLE IN A ROUTINE MANNER: MADRAS HIGH COURT
The High Court of Madras passed a judgment on 28 April 2023 stating that No writ against an enquiry call letter is entertainable in a routine manner.It was stated in the case of Mahindra world city Developers V. Inspector General of Registration (W.P.No.13099 of 2023 and W.M.P.No.12862 of 2023) which was passed by the single judge bench comprising of HONOURABLE JUSTICE S.M.SUBRAMANIAM
FACTS OF THE CASE:
The writ of Prohibition has been instituted to prohibit the 2 nd respondent from initiating any proceedings pursuant to Na.Ka.No.4431/A3/2022 dated 06.10.2022. The proceedings dated 06.10.2022 is an enquiry call letter issued by the 2 nd respondent / The District Registrar, Chengalpattu to the petitioner as well as to the complainant to participate in the enquiry held on 14.11.2022 at 11:30 a.m. As far as the said impugned call letter is concerned, it lost its relevance, since as per the impugned notice, the enquiry was already held on 14.11.2022 and the present writ petition has been filed on 05.04.2023, after a lapse of about 5 months
JUDGEMENT OF THE CASE
In the present case, the enquiry notice was issued on 06.10.2022 and the present writ petition was filed on 05.04.2023 and the date of enquiry fixed also lapsed. This being the factum established, the writ petitioner is not entitled for the relief as such sought for in the present writ petition. However, the writ petitioner is at liberty to participate in the process of enquiry and defend his case in the manner known to law. 20. With this liberty, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.