D K SIVARAJ Vs. DIRECTOR OF SERICULTURE DEPARTMENT OF SERICULTURE

JUDGEMENT

(1.) This writ petition has been filed praying for a Writ of Certiorari, to call for and quash the impugned proceedings of the second respondent, dated 19.12.2005.

(2.) The petitioner has stated that he is a licenced Reeler of Silk Yarn. A licence had been issued to the petitioner by the second respondent, in accordance with the relevant rules, relating to Control and Development of Sericulture. The petitioner is also the President of the Tamil Nadu State Mutiend Reelers' Association. The petitioner has been carrying on his business for more than 21 years. While so, the second respondent had passed the impugned order, dated 19.12.2005, based on the statement made by one Amanullah, who had stated that the excess quantity of silk cocoons had been procured from the petitioner, contrary to the relevant rules.

(3.) The main contention of the learned counsel for the petitioner is that, before the impugned order, dated 19.12.2005, had been passed by the second respondent, no opportunity had been given to the petitioner to show cause, as to how he was not liable for the alleged irregularity. The impugned order had been passed based only on the statement made by Amanullah, without such statement having been substantiated with further evidence. Therefore, the impugned order, dated 19.12.2005, passed by the second respondent, is contrary to the principles of natural justice and hence, it is liable to be set aside.