M.Murugan v. The Agriculture Production

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD and M.P.Nos.1 & 2 of 2012 M. Murugan ... Petitioner Vs.

1. The Agriculture Production Commissioner & Secretary to Government Agriculture (AA8) Department, Fort St.George, Chennai 9.

2. The Director of Horiculture and Plantation Corps, Chennai.

3. Tr.J.Haldurai Joint Director of Horticulture, Enquiry Officer, Department of Horticulture, Ooty.

... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus to call for the records of the 1st respondent in connection with the impugned order passed in letter No.4626/AA8(2)/2008/25 dated 23.12.2011 and quash the same and further direct the respondents to pass final orders on the enquiry officer's report submitted in the disciplinary proceedings initiated in Ref.No.P1/15379/2004

dated 26.04.2008 based on the orders passed in W.P.No.13691 of 2010 dated 20.07.2010 within a reasonable time.

For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthuppan For Respondents : Mr.T.K.Saravanan Government Advocate for R1 & R2 No appearance for R3

O R D E R

This writ petition has been filed to call for the records of the 1st respondent in connection with the impugned order passed in letter No.4626/AA8(2)/2008/25 dated 23.12.2011 and quash the same and further direct the respondents to pass final orders on the enquiry officer's report submitted in the disciplinary proceedings initiated in Ref.No.P1/15379/2004 dated 26.04.2008 based on the orders passed in W.P.No.13691 of 2010 dated 20.07.2010 within a reasonable time.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 & 2 submitted a copy of the G.O.3D.No.107 dated 11.10.2021 Department of Agriculture-Farmers Welfare, in which orders have been passed by the first respondent based on the

enquiry officer's report, whereby, it was decided to drop the disciplinary proceedings as against the petitioner since the charges were not proved.

3. In view of the above, nothing survives in this matter for further adjudication and the writ petition has become infructuous. Therefore, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are also closed.

20.06.2023 dpq Index : Yes /No Speaking Order : Yes/No To

1. The Agriculture Production Commissioner & Secretary to Government Agriculture (AA8) Department, Fort St.George, Chennai 9.

2. The Director of Horiculture and Plantation Corps, Chennai.

3. Tr.J.Haldurai Joint Director of Horticulture, Enquiry Officer, Department of Horticulture, Ooty.

J. SATHYA NARAYANA PRASAD, J.

dpq and M.P.No.1 of 2012 20.06.2023