M.Sekar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Sekar ... Petitioner -vs1. The Director, Handlooms and Textiles Department, 2nd Floor, Kuralagam, Chennai - 600 108.

2. The Assistant Director, Handlooms and Textiles Department, 1st Street, Balaji Nagar, Katpadi, Vellore.

3. The Assistant Director (Co-operative Audit Department), Uzhavar Sandai, No. 93/3 Katidavazhagam (2nd Floor), Tolgate Officer Lane, Anna Salai, Vellore.

4. M/s. Gudiyattam Shanmugar Handlooms and Weavers Co-operative Society, Represented by its Managing Director, Congress Office Road, Pudhupettai, Gudiyattam.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to 1/5

conduct the personal hearing to the Petitioner to be able to represent himself before the First Respondent as requested by him in his representation letter dated 15.02.2021 and 09.03.2021.

For Petitioner :

Ms. S.Yogalakshmi For Respondents :

Mrs. Geetha Thamaraiselvan, Special Government Pleader (for R1 to R3) Mr. L.P.Shanmugasundaram (for R4)

O R D E R

Heard Ms. S.Yogalakshmi, Learned Counsel for the Petitioner, Mrs. Geetha Thamaraiselvan, Learned Special Government Pleader appearing for the First to Third Respondents and Mr. L.P.Shanmugasundaram, Learned Counsel for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

According to Learned Counsel for the Petitioner, a notice was sent to the Petitioner calling upon him to appear for enquiry before the Second Respondent at 3.00 p.m. on 10.12.2020 relating to the irregularities highlighted by him in the Co-operative Society of the Fourth Respondent in his representations dated 2/5

21.07.2020 and 23.07.2020, he was unable to attend the same as he was hospitalized on the said date and his request for affording another opportunity of personal hearing has not been considered, which has led to the filing of this Writ Petition.

3.

It is represented by Learned Special Government Pleader appearing for the First to Third Respondents that the Petitioner may appear for the enquiry that has been fixed at 11.00 am. on 23.02.2024 before the Second Respondent. In view of the same, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

13.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 15.02.2024.

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To

1. The Director, Handlooms and Textiles Department, 2nd Floor, Kuralagam, Chennai - 600 108.

2. The Assistant Director, Handlooms and Textiles Department, 1st Street, Balaji Nagar, Katpadi, Vellore.

3. The Assistant Director (Co-operative Audit Department), Uzhavar Sandai, No. 93/3 Katidavazhagam (2nd Floor), Tolgate Officer Lane, Anna Salai, Vellore.

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P.D. AUDIKESAVALU, J.

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