K.G.Dayalraj, v. The Assistant Director Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HONOURABLE MRS. JUSTICE R.KALAIMATHI W.P.No.23836 of 2012 and M.P.Nos.2 & 3 of 2012 K.G.Dayalraj ...

Petitioner Vs.

The Assistant Director of Survey & Land Records Trivellore District.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the respondent in connection with the impugned orders passed by the respondent in R.C.No.A5/3726/2008 dated 23.05.2008, Na.Ka.No.A5/3726/08 dated 26.03.2009, Na.Ka.No.A5/3726/08 dated 31.12.2009 and Na.Ka.No.a5/3726/08 dated 30.04.2010 quash the same and grant such other further relief as this Court may deem fit in the circumstances of the case.

For Petitioner : R.K.Mauryakiran for M.Muthappan.

For respondent : Mr. S.Rajesh, Government Advocate

ORDER

The proceedings of the respondent (i) in R.C.No.A5/3276/2008 dated 23.05.2008 [the order of suspension]; (ii) the memo in Na.Ka.No.A5/3726/08 dated 26.03.2009; (iii) the Memo of the respondent dated 31.12.2009 in Na.Ka.No.A5/3726/08 and (iv) the memo of the respondent dated 30.04.2010 in Na.Ka.No.a5/3726/08 are under challenge.

2. Heard Mr. R.K.Mauryakiran, the learned Counsel for the petitioner, and Mr. S. Rajesh, the learned Government Advocate for the respondent.

3. The petitioner served as Maintenance Fuirka Surveyor, Madhavaram Village, Ambattur Taluk, and he was suspended as per the 1st impugned order. The other three impugned memos were issued based on his requisition to cancel the order of suspension and sought permission to join in the said post. All three of his requisitions were not accepted, and the impugned memorandum Nos. 2 to 4 (mentioned supra) were issued.

4. In the 1st order cited, the suspension was put under challenge in W.P.No. 1360 of 2009 by an order dated 27.01.2009. This Court dismissed the said Writ Petition, stating that the order of suspension cannot be interfered with, as the case in Crime No. 7/AC/08/CC-II dated 23.05.2008 on the file of the Inspector of Police, Vigilance, and AntiCorruption, Chennai for the offence under Section 7 of the Prevention of Corruption Act, was registered and pending against the petitioner. Therefore, the same order of suspension is now sought to be challenged once again in this writ petition; which is not maintainable.

5. Based on the afore stated discussions, this Writ Petition stands dismissed as not maintainable. There shall be no order as to costs. consequently, the connected miscellaneous petitions are also closed. 10.07.2024 Index: Yes/No Internet: Yes/No Speaking order/Non Speaking order Neutral: Yes/No jrs

R.KALAIMATHI,J.

jrs To

1. The Assistant Director of Survey & Land Records Trivellore District.

2.The Section Officer, V.R.Section, High Court, Madras.

W.P.No.23836 of 2012 and M.P.Nos.2 & 3 of 2012 10.07.2024