T.Rangarajan, v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.Nos.19238 and 19239 of 2016 WMP.Nos.16721 and 16722 of 2016 1.T.Rangarajan ... Petitioner in WP.19238/2016 2.K.Ravikumar ... Petitioner in WP.19239/2016 Vs 1.The Revenue Divisional Officer, Coimbatore (North) Thudiyalur Post, Coimbatore 2.The Tahsildar, Mettupalayam, Coimbatore 3.M.Baburobert ... Respondents in Both WPs Prayer:- These Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the 2nd Respondent in proceedings Na.Ka.Nos.5008/2015/A7 and Na.Ka.Nos.48/2016/A7, dated 7.3.2016 and to quash the same.

For Petitioner :

Mr.Doraisami, SC in both WPs for M/s.Muthumani Doraisami For Respondent :

Mr.M.S.Ramesh in both WPs Additional Government Pleader for R1 & R2

ORDER

These Writ Petitions are filed to issue a Writ of Certiorari to call for the records of the 2nd Respondent in proceedings Na.Ka.Nos.5008/2015/A7 and Na.Ka.Nos.48/2016/A7, dated 7.3.2016 and to quash the same.

2. This court heard the learned counsel on either side and perused the materials placed on record.

3. The case of the Petitioners is that the Petitioners, who were appointed as the Village Administrative Officers, are the Taluk President and the District Treasurer of the Tamil Nadu Village Administrative Officers Association. The said Association conducted a protest meeting against the https://hcservices.ecourts.gov.in/hcservices/

Respondents 2 and 3 on 20.11.2015 for their arbitrary activities. While so, the 2nd Respondent issued charge memos against the Petitioners under Section 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules by the impugned order dated 7.3.16.Hence,these Writ Petitions have been filed.

4. The only ground raised by the learned counsel for the Petitioners is that there was previous animosity between them and the Tahsildar, who has given the charge memo and they apprehend that they would not get the required relief from a person, who is enmical to them.

5. On the other hand, the learned Additional Government Pleader for the Respondents would contend that right now, only a charge memo has been issued and no enquiry officer has been appointed and that after appointing an enquiry officer, at the time of enquiry, the request of the Petitioners will be considered and appropriate orders would be passed, in accordance with law.

6. Considering the submissions of the learned counsel on either side, the enquiry officer, at the time of enquiry, shall take into consideration the allegations made by the Petitioners against the Tahsildar and pass appropriate orders, in accordance with law. It is also made clear that the Petitioners shall extend their fullest cooperation for the enquiry.

7. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected WMPs are closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar Srcm To:

1.The Revenue Divisional Officer, Coimbatore (North) Thudiyalur Post, Coimbatore.

2.The Tahsildar, Mettupalayam, Coimbatore.

+1cc to M/s.Muthumani Doraisami, Advocate, S.R.No.33028 +1cc to the Government Pleader, S.R.No.33304 W.P.Nos.19238 and 19239 of 2016 BVR(CO) CA(14/07/2016) https://hcservices.ecourts.gov.in/hcservices/