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Madras High CourtWP/29056/2016disposed of

A.Manimaran, v. The Secretary,

2022-11-09Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.Manimaran ... Petitioner Vs.

The Secretary Pondicherry Market Committee Agriculture Comple Thattanchavady Puducherry - 605 009.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to consider and pass orders on the petitioner representation dated 01.03.2016. For Petitioner : Mr.S.Prem Auxilian Raj For Respondent : Mrs.V.Usha Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the representation submitted by the writ petitioner on 01.03.2016.

2. The representation reveals that the petitioner was engaged as Casual Labourer in the Pondicherry Market Committee and thereafter, absorbed on permanent basis. However, the petitioner remained unauthorisedly absent for long period and subsequently, terminated from service.

3. The learned counsel for the petitioner states that the petitioner had not reported duty from 2015 onwards. In view of the fact that the petitioner was terminated from service, question of issuing a direction to consider his representation would not arise at all. If at all the petitioner is aggrieved, he should challenge the order of termination or oral termination as the case may be in the manner known to law. Contrarily, if a direction is issued to consider the representation, the same would do no service to the cause of justice and the litigant will back again to the Court for adjudication of issues. Thus, the petitioner is at liberty to adjudicate the disputed issues in the manner known

to law and by approaching the competent Authorities or Forum as the case may be.

4. With this liberty, the Writ Petition stands disposed of. No costs. 09.11.2022 Jeni Index : Yes Speaking order To The Secretary Pondicherry Market Committee Agriculture Comple Thattanchavady Puducherry - 605 009.

S.M.SUBRAMANIAM, J.

Jeni 09.11.2022