M.Manoharan v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE :17.09.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.27975 of 2015 and M.P.Nos.1 to 3 of 2015 M.Manoharan .. Petitioner - Vs - 1.The Government of Tamilnadu rep. by Secretary to Government, Revenue Department Fort st. George, Secretariat, Chennai-9.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.

3.The District Collector, Nagapattinam District, Nagapattinam.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorari, calling for the file relating to Nagapattinam District Gazette Notification No.4 dated 11.7.2015 in Part II R.C.No.13220/2014/A1 dated 17.6.2015 from the file of 3rd respondent and quash the same and direct the 3rd respondent to issue supplementary Gazette including the name of the petitioner as Tahsildar promoted with retrospective effective in Nagapattinam District.

For Petitioner : M/S.D.Malarvizhi For Respondents: Mr. S.Thangavel, Spl.G.P.

ORDER

This Writ petition has been filed by the writ petitioner, to call for the file relating to Nagapattinam District Gazette Notification No.4 dated 11.7.2015 in Part II R.C.No.13220/2014/A1 dated 17.6.2015 from the file of 3rd 1/3

respondent and quash the same and direct the 3rd respondent to issue supplementary Gazette including the name of the petitioner as Tahsildar promoted with retrospective effective in Nagapattinam District.

2.On instructions from the client, who was personally available with the learned counsel throughout the Virtual Court proceedings, learned counsel appearing for the petitioner place her submissions before the Court.

3.It is submitted by the learned counsel for the petitioner that in view of the punishment imposed on the petitioner the petitioner's promotion of Thasildar was not granted. Hence his name was included in the Gazette notification No.4 dated 11.7.2015 in Part II R.C.No.13220/2014/A1 dated 17.6.2015. Against the said order, appeal has been filed before the appellate authority/2nd respondent and challenging the punishment, W.P. No.904413 has also been filed before this Court. It is fairly conceded that the outcome of the appeal would decide the relief available to the petitioner and, therefore, this petition may be closed granting liberty to the petitioner to work out his remedy subject to the outcome of the decision in the appeal.

4. Recording the said submission made by the learned counsel appearing for the petitioner, this petition is closed. There shall be no order as to costs. Consequently connected miscellaneous petitions are closed. However liberty is granted to the petitioner to workout his remedy pursuant to the outcome of the appeal pending before the 2nd respondent. Sd/- Assistant Registrar /true copy/ Sub Asst. Registrar jrs 2/3

To 1.The Government of Tamilnadu rep. by Secretary to Government, Revenue Department Fort st. George, Secretariat, Chennai-9.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.

3.The District Collector, Nagapattinam District, Nagapattinam.

+1 cc to the Government pleader High Court Madras sr30483 W.P. NO.27975 of 2015 and M.P.Nos.1 to 3 of 2015 aa19/10/2020 3/3