K.Selvam v. The Commissioner Of Treasuries And Accounts

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.4063 & 4064 of 2023 K.Selvam S/o.Kuppusamy

...Petitioner

Vs 1.The Commissioner of Treasuries & Accounts, Integrated Complex for Finance Department, Animal Husbandry Hospital Complex, Nandanam, Chennai - 600 035.

2.The Regional Joint Director of Treasuries & Accounts, Integrated Complex for Finance Department, Animal Husbandry Hospital Complex, Nandanam, Chennai - 600 035.

3.The Treasury Officer, District Treasury, Collectorate Campus, Villupuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records in pursuant to the impugned order of recovery of Rs.4,04,884/- issued by the third respondent in proceeding Na.Ka.No.963/C2/2022 dated 08.11.2022 1/4

and quash the same and consequently, direct the respondents to repay the amount already recovered.

For Petitioner : Mr.R.Prem Narayan For Respondents : Mr.Ru.Dinesh Rajkumar, Additional Government Pleader *****

O R D E R

This writ petition has been filed as if the petitioner was a party in the earlier batch of writ petitions and the impugned order was passed contrary to the directions issued by this Court.

2. On carefully going through the records, it is seen that the petitioner was not a party in the earlier batch of writ petitions. Hence, the averments that are made in the affidavit filed in support of the writ petition may not be right. When this was pointed out to learned counsel for petitioner, learned counsel sought for the permission of this Court to withdraw the present Writ Petition and to file a fresh Writ Petition with proper pleadings. Learned counsel has also made an endorsement to that effect. 2/4

Recording the said endorsement and the submission of learned counsel for petitioner, this Writ Petition is dismissed as withdrawn by granting liberty as sought for by learned counsel for petitioner. No costs. Connected miscellaneous petitions are closed. 13.02.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Commissioner of Treasuries & Accounts, Integrated Complex for Finance Department, Animal Husbandry Hospital Complex, Nandanam, Chennai - 600 035.

2.The Regional Joint Director of Treasuries & Accounts, Integrated Complex for Finance Department, Animal Husbandry Hospital Complex, Nandanam, Chennai - 600 035.

3.The Treasury Officer, District Treasury, Collectorate Campus, Villupuram.

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N.ANAND VENKATESH, J gm 13.02.2023 4/4