Case Note & Summary
Two writ petitions were filed under Article 226 of the Constitution of India by Kathir Arts Fabrication and ADD 5 Vision against the Commissioner, Hosur Municipal Corporation. The petitioners had been issued show cause notices dated 28.08.2024 and 30.08.2024 under Rule 330 of the Tamil Nadu Urban Local Bodies Rules, 2023, alleging violation of conditions in their hoarding licences. They sought certiorarified mandamus to quash the notices and to restrain the respondent from interfering with the hoardings until the expiry of the licences. The petitioners contended that they had necessary permissions from the municipal authorities, rendering the show cause notices invalid. The respondent, through its standing counsel, submitted that although permission was granted, the petitioners violated the conditions stipulated in the licences, empowering the authorities to issue show cause notices and remove the hoardings. The court considered the established legal principle that a writ petition against a show cause notice is not entertainable in a routine manner. It observed that such a writ is maintainable only if the notice has been issued by an incompetent authority without jurisdiction or if allegations of mala fides are raised, with the authority concerned impleaded personally. In all other circumstances, the person receiving the notice must defend their case by submitting an explanation along with documents, allowing the competent authority to take a final decision. The court found no grounds of jurisdictional incompetence or mala fides in the present cases. Accordingly, it disposed of both writ petitions, granting liberty to the petitioners to submit their explanations within two weeks from the date of receipt of a copy of the order. The respondent authority was directed to consider the explanations, pass orders on merits, and communicate the decisions within a period of four weeks thereafter, in accordance with law. No costs were awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability of Writ Petition against Show Cause Notice - Constitution of India, 1950, Article 226 - Tamil Nadu Urban Local Bodies Rules, 2023, Rule 330 - The court held that writ petitions against show cause notices are not maintainable in a routine manner and are only entertainable if the notice is issued by an incompetent authority lacking jurisdiction or if allegations of mala fides are raised, with the authority impleaded personally. Otherwise, the noticee must respond with an explanation and await a final decision. (Paras 2-5).
Issue of Consideration
Whether a writ petition is maintainable against a show cause notice issued under Rule 330 of the Tamil Nadu Urban Local Bodies Rules, 2023, when the petitioners have not yet submitted their explanation.
Final Decision
The writ petitions are disposed of, granting liberty to the petitioners to submit their explanations within two weeks from the date of receipt of the order copy. The respondent is directed to consider the explanations, pass orders on merits, and communicate the decisions within four weeks thereafter, in accordance with law. No costs.
Law Points
- No writ against a show cause notice is entertainable in a routine manner
- entertainable only if issued by an incompetent authority having no jurisdiction or if allegations of mala fides are raised with personal impleadment of the authority
- in other circumstances noticees must submit explanation and await final decision
