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Madras High CourtWP/36303/2007dismissed

S. Saikumar No. B-019 Tnhb v. Board Of Directors

2021-03-16Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR W.P. No. 36303 of 2007 and W.M.P. No. 1 of 2008 S.Sasikumar ... Petitioner -vs1. The Board of Directors, Tamil Nadu Tourism Development, Corporation Limited, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Near Kalaivanar Arangam, Chennai - 600 002.

2. The Managing Director, Tamil Nadu Tourism Development, Corporation Limited, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Near Kalaivanar Arangam, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari calling for the concerned records relating to the Order No.1622/A 1/2006 dated 10.08.2007 and Order No.Proc.No.1622/A1/2006 dated 17.09.2007 passed by the second respondent and quash the same.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.A.Vijayakumar Standing counsel

O R D E R

The prayer sought for herein is for a Writ of Certiorari calling for the concerned records relating to the Order No.1622/A 1/2006 dated 10.08.2007 and Order No.Proc.No.1622/A1/2006 dated 17.09.2007 passed by the second respondent and quash the same.

2. When the case is taken up for final hearing, Mr.M.Gnanasekar, learned counsel appearing for the petitioner has informed this Court that, in a subsequent event, in separate disciplinary proceedings it was ended in removal of service, by order dated 07.04.2010 and as against the said order of removal of service, the petitioner has already filed a Writ Petition in W.P. No. 22679 of 2010 and the same is pending before this Court for consideration.

3. In this context, the learned counsel would submit that, once the said Writ Petition is decided and if it is decided in favour of the petitioner, then only, there would be a subsequent adjudication in the present issue, which is also a disciplinary proceedings during the service of the petitioner.

4. I have considered the said submissions made by the learned counsel appearing for the petitioner and noted the subsequent developments.

5. In view of the above, this Court is inclined to dismiss this Writ Petition as subsequently, the petitioner has already been removed from service and he is out of service, as of now, even though, the said issue has already been adjudicated and pending before this Court in the aforesaid Writ Petition.

6. This order of dismissal is passed with the liberty to the petitioner to revive this Writ Petition, in case the petitioner succeeds in the other Writ Petition, i.e., W.P. No. 22679 of 2010. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vji

To

1. The Board of Directors, Tamil Nadu Tourism Development, Corporation Limited,Tamil Nadu Tourism Complex, No.2, Wallajah Road, Near Kalaivanar Arangam, Chennai - 600 002.

2. The Managing Director, Tamil Nadu Tourism Development, Corporation Limited, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Near Kalaivanar Arangam, Chennai - 600 002.

+1cc to Mr.M.Gnana Sekar, Advocate, S.R.No.16636. W.P. No. 36303 of 2007 and W.M.P. No. 1 of 2008 GPL(CO) CSR 08.04.2021