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2005 Supreme(Mad) 216
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Markendey Katju C.J. and D.Murugesan, J.
N.Kailasam
Versus
The Bar Council of India represented by its Chairman, New Delhi and others.
W.A No.107 of 2005
Decided On : 08 February 2005
Advocates:
N. Venkateswaran, for Appellant,
K.S. Kumar, for Respondent No.3.
N. Venkateswaran, for Appellant,
K.S. Kumar, for Respondent No.3.
Show cause notice is neither a suit nor a case.
Headnote:Constitution of India (1950), Art.226 -Show cause notice-Writ petition filed against issuance of a show cause notice held premature-No writ will lie against a show cause notice.
Markandey Katju, C.J.:This writ appeal is filed against the impugned order dated 22.11.2004 passed by the learned single Judge, dismissing the writ petition filed by the appellant. The writ petition was filed against the show case notice dated 5.2.2004 issued to the appellant. It is well-settled that ordinarily no writ will lie against as show cause notice videExecutive Engineer, Bihar State Housing Board v.Ramesh Kumar Singh, J.T. (1995)8 S.C.331 and Special Director v. Mohammed Ghulam Ghouse, A.I.R. 2004 S.C.1467. A writ petition against a show cause notice is premature because no cause of action has arisen by a mere issuance of a show cause. The appellant can file his reply to the show cause notice, and if and when any adverse order is passed against him, it is at that stage that he can approach the appropriate forum for appropriate relief. The writ appeal is, therefore, dismissed ‘as prermature’ connected W.A.M.P. No.152 of 2005 is closed.
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