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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice Krishnan Ramasamy, J
Metamorf Interiors and Designers Pvt. Ltd., rep. by its Director Mr.Nitin S.Kotekar – Appellant
Versus
Assistant Commissioner (ST) – Respondent
Order :
Heard Mr.S.Ramamurthy, learned counsel appearing for the petitioner and Mr.U.Baranidharan, learned Additional Government Pleader, who takes notice on behalf of the respondent. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.
2. The challenge in this Writ Petition is to the order dated 25.04.2024 passed by the respondent and to quash the same.
3. The learned counsel for the petitioner would submit that the petitioner, on receipt of show cause notice in Form DRC-01 notice dated 20.10.2023, issued by the respondent, which were followed by reminder Notices Nos. 1 and 2 dated 04.01.2024 and 22.01.2024 respectively, filed a reply in Form DRC-06 dated 15.02.2024, however, reminder Notice No.3 was issued by the respondent dated 22.04.2024, stating the the reply, that was uploaded by the petitioner was not visible clearly, and thereby, the petitioner was required to produce the reply manually on 24.04.2024 and personal hearing was also fixed granting only one day, i.e. on 23.04.2024 and subsequently, the impugned order came to be passed on 25.04.2024.
3.1 The leaned counsel submitted that the petitioner was not granted sufficient time
The court emphasized the necessity of adhering to principles of natural justice, ruling that the failure to provide adequate time and opportunity for a hearing rendered the impugned order arbitrary.
Failure to provide adequate opportunity for response and personal hearing invalidates administrative orders, violating principles of natural justice.
The court upheld that jurisdiction can transfer to a successor, and delays in adjudication can be justified; hence, orders passed beyond specified time limits may not be invalid if reasons are adequa....
Natural justice mandates an adequate opportunity for hearings; failure to do so renders an order void.
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