E RAJAMANICKAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition for issuance of a writ of Certiorari in calling for the records of the respondents 1 to 3 which resulted in the order of the fourth respondent dated 5.11.2002 made in proceedings No.AE/(O&M)/Rural/Tiruchengode/R52/No.342/23/02-03 and the order of the fifth respondent in Letter No.AE/O&M/Chithalanthur/F.Notice/No.434/02 dated 8.1.2003 and quash the same.

(2.) IT is seen from the averments made in the affidavit filed by the petitioner in support of the writ petition that a stand is taken on behalf of the petitioner that the respondents without following the due procedure specified under law, all of a sudden passed the impugned orders dated 5.11.2002, 3.12.2002 and 8.01.20033 even without prior notice by calling upon the individual members of the Society to show cause as to the basis of imposing such a consumption charges even without specifying the basis of the calculation, etc., in disregarding the principles of natural justice and consequently levied the consumption charges of Rs.250 per Horse Power per half yearly which was worked out for the first half of the year 2000 and thereafter arrived at a sum of Rs.76,503/- towards the total consumption of 105 Horse Power availed by the members of the Society, etc.,

(3.) IN this connection, it is to be borne in mind that the principles of natural justice are not the edicts of a statute and they are not to be embodied as a codified rules in a particular statute. The term Natural justice has not been defined anywhere. The term Natural justice means justice according to conscience and a reasonable order being passed after duly providing necessary and reasonable opportunity of hearing to the other side etc., Further the Natural justice is natural sense of what is right and wrong. The requirement of hearing both sides and arriving at a decision applies to the administrative orders also being passed by the departmental authorities passed by concern.