P.Arivazhagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2024
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN and WMP.No.13271 of 2022 P.Arivazhagan
...Petitioner
Vs.
1.The District Collector, O/o. District Collector, Thiruvanamalai District.
2.The Thasildhar, Arani, Thiruvanamalai.
3.The District Manager, District Tasmac Office, Thiruvanamalai District.
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records and quash the order of the proceedings vide No.Ou3/25421/2022 dated 04.05.2022 passed by the 1st respondent and directing the 1st respondent to consider the petitioner representation dated 16.05.2022.
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For Petitioner :
Mr.P.Muthamizhselvakumar For Respondents :
-No AppearanceO R D E R Heard Mr.P.Muthamizhselvakumar, learned counsel for the petitioner.
2. The case is listed under the caption "for dismissal" as there was no representation on behalf of the petitioner, on the previous occasion on 25.10.2024.
3. Today, the learned counsel for the petitioner is present. This writ petition is of the year 2022 filed during the month of May 2022. The adjudication orders passed by this Court on earlier occasion right from 2022 indicates that the repeatedly Respondent-Department have been taking time for filing counter. Even as of now, no counter has been filed. There is no representation on behalf of the TASMAC.
4. The petitioner has challenged the impugned communication/order of the 1st respondent dated 04.05.2022 bearing reference No.Ou3/25421/2022 dated 04.05.2022 relevant portion of the order reads as under: 2/8
5. The petitioner was working as a supervisor with TASMAC at 3/8
Ratinamangalam Branch, in Arani Taluk, Thiruvanamalai District. It appears that certain proceedings were initiated for shortage of the liquor pursuant to an enquiry/inspection conducted for the period between June 2016-March 2018. A sum of Rs.46,09,974/- was determined. The petitioner appears to have paid a sum of Rs.8,00,000/- and has been thereafter under suspension.
6. In the meanwhile, the petitioner was issued with a charge-memo dated 08.06.2018 followed by another charge-memo dated 12.04.2022. It is informed by the learned counsel for the petitioner that despite reply to the same, no orders have been passed by the respondent.
7. It is further submitted that by the impugned order, the property of the petitioner's wife is sought to be attached which was settled in favour of the petitioner's wife by the petitioner as early as on 17.03.2014.
8. It is further submitted that the property in question is not a self-earned property but a property which has been inherited by the petitioner from the petitioner's father namely Late Mr.Perumal.
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9. Having considered the records filed before this Court and the affidavit filed in support of the present writ petition and considering the fact that the respondents have not responded so far, the Court is inclined to pass the following order after balancing the interest of the petitioner and the interest of the respondents.
10. The respondents are directed to complete the disciplinary proceedings and surcharge proceedings initiated against the petitioner as expeditiously as possible preferably within a period of twelve (12) months from the date of receipt of copy of this order.
11. The property which stands in the name of petitioner's wife pursuant to settlement deed dated 17.03.2014 registered as document No.2064 of 2014 before Arani Sub-Registrar shall not be sold by the petitioner or the petitioner's wife for a period of eighteen (18) months from today. In case, disciplinary proceedings and surcharge proceedings initiated against the petitioner, results in the confirmation of the charges against the petitioner, it is open for the 5/8
respondents to trace out the title and find out if any improvements were made over the property out of ill-gotten income (if any) during his service with respondent/TASMAC with effect from 01.01.2004 up to the date of suspension.
12. With the above observations and directions, this writ petition stands disposed of. No costs. Connected Writ Miscellaneous Petition is closed. 08.11.2024 Index:
Yes/No Speaking Order/Non-Speaking Order Yes/No nst 6/8
To:
1.The District Collector, O/o. District Collector, Thiruvanamalai District.
2.The Thasildhar, Arani, Thiruvanamalai.
3.The District Manager, District Tasmac Office, Thiruvanamalai District.
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C.SARAVANAN, J.
nst and W.M.P.No.13437 of 2022 08.11.2024 8/8