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2026 Supreme(Online)(Mad) 41865

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Sudhakar S. – Appellant
Versus
Tamil Nadu State Marketing Corporation – Respondent
W.P.No.17826 of 2026|W.M.P.No.19157 of 2026



Advocates:
For the Appellants/Petitioners: K.M.Ramesh, V.Subramani
For the Respondents: K.Sathish Kumar

A writ petition challenging a show-cause notice on premises of a predetermined mind is generally premature and unsustainable; the proper relief is to direct the authority to consider the pending explanation through a fair enquiry process.

Headnote:The case involves a challenge under Article 226 of the Constitution of India regarding the issuance of show-cause notices. The petitioner contended that the notices were issued with a predetermined mind to punish him. The Court held that a challenge against mere show-cause notices based on apprehension of bias is premature and baseless, directing the respondent to conduct a full-fledged enquiry into the petitioner's explanation. The central issue was whether the issuance of show-cause notices could be quashed in the absence of a final order or evidence of bias. The Court reasoned that the administrative process should be allowed to run its course by requiring the authority to consider the reply submitted by the petitioner and pass a reasoned order thereon.

Result: The writ petition is disposed of with directions for an enquiry within eight weeks and a stay on recovery proceedings in the interim.

Table of Content
1. challenge to show cause notices based on bias allegations. (Para 1 , 2 , 3)
2. court directs disposal of show cause reply via structured enquiry. (Para 4 , 5 , 6 , 7)

O R D E R

Challenging the impugned Show Cause Notice bearing Na.Ka.No.680/2024/A1 dated 28.10.2025 and impugned Second Show Cause Notice bearing Na.Ka.No.680/2024/A1 dated 23.03.2026, this writ petition has been filed.

2.The learned counsel appearing for the petitioner submitted that the impugned Show Cause Notice bearing Na.Ka.No.680/2024/A1 dated 28.10.2025 and impugned Second Show Cause Notice bearing Na.Ka.No.680/2024/A1 dated 23.03.2026 are exclusively illegal and are liable to be set aside for the sole reason that they were issued with pre determined mind of punishing the petitioner.

3.The learned counsel appearing for the respondent submitted that the impugned notices are only show cause notices and the petitioner can very well give explanation and thereafter, the petitioner’s case will be considered in accordance with law.

4.Heard either side and carefully perused the materials available on record.

5.This Court is of the view that only show cause notices have been issued and the anticipation of the petitioner that the same have been issued with pre determined mind to punish the petitioner seems to be baseless. It is also brought to the notice of this Court that the petitioner has already submitted his reply, however, the same is pending without disposal.

6.In view of the same, the respondent is directed to consider the petitioner’s reply and dispose of the same by conducting full fledged enquiry considering all the facts submitted by the petitioner. The petitioner is also directed to produce all the necessary documents to substantiate his case. The respondent is directed to dispose of the petitioner’s case, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that until the same is disposed of, no recovery proceedings shall be initiated against the petitioner.

7.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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