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TMI Blog2023 (3) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... r. E.Marees Kumar For the Respondents : Mr. D.Gandhiraj Special Government Pleader ORDER Heard Mr. E.Marees Kumar, Learned Counsel for the Petitioner and Mr. D.Gandhiraj, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2. The Writ Petition challenges the notice dated 08.12.2022 issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt adding Article 366(29-A) to the Constitution of India. 52.2 CTO -vs- Young Men's Indian Assn. [(1970) 1 SCC 462] and other judgments which applied this doctrine continue to hold the field even after the 46th Amendment. 52.3 Sub-clause (f) of Article 366(29-A) has no application to members' clubs." 4. The consistent legal position has been reiterated by the Hon'ble Supreme Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quash a charge-sheet or show-cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter." Having due regard to the aforesaid legal position, as there is nothing which precludes the Petitioner from raising the contentions in this Writ Petition in the reply to be submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition in that regard and a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; (iii) if any adverse decision is taken, the Petitioner may pursue legal remedies in accordance with law; (iv) consequently, the connected Miscellaneous Petitions are closed; and (v) there sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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