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Madras High CourtWP/34196/2013dismissed

Mr.D.Kanagasabai, v. The Commissioner,

2020-08-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.34196 of 2013 And M.P.Nos.1 and 2 of 2013 Mr.D.Kanagasabai ... Petitioner Vs.

1. The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai - 5.

2. District Adi Dravidar Welfare Officer, District Adi Dravidar Welfare Office, Vizhupuram, Vizhupuram District.

3. Special Tashildar (ADW) Vizhupuram, Vizhupuram District.

4. Mr.Arumugam ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records of the second respondent in Na.Ka.M1/25071/2013 dated 11.12.2013 and quash the same and forbearing the respondents from interfering with the petitioner's work in Government (ADW) Boys Hostel, Panayapuram, Vizhupuram Taluk and District.

For Petitioner : Mr.L.G.Sahadevan For Respondents : Mr.S.Thangavel for R1 to R3 Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the entire records of the second respondent in Na.Ka.M1/25071/2013 dated 11.12.2013 and to quash the same and forbearing the respondents from interfering with the petitioner's work in Government (ADW) Boys Hostel, Panayapuram, Vizhupuram Taluk and District. 2.The case of the petitioner is that the petitioner joined as Cook in the Government (ADW) Boys Hostel, Panayapuram, Vizhupuram Taluk and District on 13.06.2012. All of a sudden, vide order dated 11.12.2013, the fourth respondent was posted in the place of the petitioner, however, the petitioner was not relieved from the post. The fourth respondent prevented the petitioner from discharging his duties. Hence, on 13.12.2013, the petitioner approached the third respondent and explained his plea, however, the same was not considered. Hence, this petition.

3.Heard the arguments advanced on either side and perused the materials available on record.

4.Perusal of records disclose that the fourth respondent while working as Cook in the Government (ADW) Boys Hostel, Vizhupuram, was placed under suspension. Thereafter, considering his representation, the said suspension order was revoked and enquiry under Section 17 (b) of the Tamil Nadu Government Employees Conduct Rules, 1973, was kept pending and was posted as Cook in the the Government (ADW) Boys Hostel, Panayapuram, Vizhupuram (in the place of the petitioner).

5.The writ petition is of the year 2013. Hence, after a lapse of nearly seven years, I do not find that anything would survive for adjudication in this writ petition. 6.The writ petition is accordingly dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai - 5.

2. The District Adi Dravidar Welfare Officer, District Adi Dravidar Welfare Office, Vizhupuram, Vizhupuram District.

3. The Special Tashildar (ADW) Vizhupuram, Vizhupuram District.

+1cc to Government Pleader in Sr.No.26467 W.P.No.34196 of 2013 And M.P.Nos.1 and 2 of 2013 ssv (co) rr ii (03/09/2020)