E.Maheshwari v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5350 of 2018

1. E.Maheswari

2. E.Nithya

3. E.Arunkumar ..

Petitioners -vs1. The State of Tamilnadu rep.by its Principal Secretary to Government Revenue Department Fort St.George Chennai 600 009

2. Special Commissioner & Commissioner of Revenue Administration Revenue Administration Disaster Management and Mitigation Department Ezhilagam Chennai 600 005

3. The District Collector Cuddalore District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of second respondent made in Procgs.Ser.V

(2) 72204/07 dated 12.11.2008 & consequential order passed by the first respondent in G.O.Ms.No.(2D) No.687 Revenue [Service 7 (2)] Department dated 22.12.2010 and quash the same as illegal and is against the principles of law and consequently direct the respondents to treat the petitioner's husband P.Elayaperumal, Ex-VAO as reinstated with continuity of service, other attended benefits along with backwages and to settle all terminal benefits due and entitled to him.

For Petitioner:: Mr.P.Paramasiva Doss For Respondents:: Mr.R.S.Selvam Government Advocate

ORDER

This writ petition has been filed challenging the old order passed by the first respondent dated 22.12.2010 confirming the order passed by the second respondent dated 12.11.2008.

2. Learned counsel for the petitioners submitted that the first petitioner's husband Mr.P.Elayaperumal, while serving as Village Administrative Officer, suffered an order of dismissal from service dated 12.11.2008 passed by the second respondent on account of proven charges. As against that, an appeal was filed before the first respondent, who also dismissed the same on 22.12.2010. Thereafter, her husband died after a brief illness. As the said order was not in consonance with the principles of natural justice, the petitioners, who were unable to take immediate legal advice, have come to this Court with a delay and the same cannot be put against them.

3. But this Court is unable to find any merit in the writ petition. The reason is that when the first petitioner's husband was dismissed from service by order dated 12.11.2008 for proven charges, he had assailed the said order during his lifetime with his appeal and the same was also dismissed by order dated 22.12.2010. After three years from the date of dismissal of his appeal, he died. Therefore, it is wholly untenable on the part of the petitioners to come to this Court saying that the further appeal could not be filed challenging the correctness of the order. When the order dated 22.12.2010, in my considered opinion, was accepted by the first petitioner's husband and he died after three years from the date of the said order, it is not open to the petitioners to say that the said order is again to be tested.

When this Court is not able to find any locus standi on the part of the petitioners, the writ petition stands dismissed on the ground of delay as well as on merits. Consequently, W.M.P.No.6569 of 2018 is also dismissed. No costs.

1. The Principal Secretary to Government Revenue Department Fort St.George Chennai 600 009

2. The Special Commissioner & Commissioner of Revenue Administration Revenue Administration Disaster Management and Mitigation Department Ezhilagam Chennai 600 005

3. The District Collector Cuddalore District +1 CC to Mr.P. Paramasivadoss, Advocate sr 18566. +1 Cc to Govt. Pleader sr 18815 W.P.No.5350 of 2018 KS(CO) SP(23/03/2018)