← Library
Madras High CourtWP/33217/2015dismissed

T.Senthil Kumar, v. The State Of Tamil Nadu, Adi

2015-12-09Honourable Dr. Justice P. Devadass,Honourable Mr Justice Satish K. Agnihotri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.Nos.33217 and 37233 of 2015 and M.P.Nos.1 and 2 and 1 of 2015 T.Senthil Kumar ... Petitioner in both the W.Ps Vs.

1. State of Tamil Nadu, (CV2) Department, Secretariat, Chennai - 9 rep. by its Secretary to Government cum Chairman, State Level Scrutiny Committee

2. The Deputy Superintendent of Police, SC/ST Vigilance Cell, Salem Region, Room No.109, Collector Office Campus, Salem - 1.

...Respondents in W.P.33217/15

1. The Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 9 rep. by its Chairman

2. P.Annamalai, I.A.S., Chairman, State Level Scrutiny Committee and the Secretary to Government, Department, Secretariat, Chennai - 9.

3. The Secretary, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. of CMBT, Arumbakkam, Chennai - 106.

4. The District Collector, Salem.

5. The District Collector, Erode.

...Respondents in W.P.37233/15

Prayer in W.P.No.33217 of 2015:

Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the show cause notice in Letter No.6101/CV-4(2)/2015-7 dated 28.09.2015 accompanied by the report of the second respondent in C.No.19/DSP/SC/ST Vigilance Cell/Salem Region/2015 dated 14.09.2015 and quash the same.

Prayer in W.P.No.37233 of 2015:

Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records relating to the proceedings of the Tamil Nadu State Level Scrutiny Committee in Proceedings No.6101/CV-4(2)/2015-9 dated 06.11.2015 on the file of the first respondent and quash the same.

For Petitioner :

Mr.S.Doraisamy in both the W.Ps For Respondents :

Mr.N.Sakthivel, Government Advocate in both the W.Ps

COMMON ORDER (Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petitions are taken up for final disposal. 2.Challenging the show cause notice dated 28 September 2015 and the proceedings of the Tamil Nadu State Level Scrutiny Committee dated 06 November 2015, the present writ petitions have been filed.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 4.It is submitted by the learned Government Advocate appearing for the respondents that the proceedings of the State Level Scrutiny Committee dated 06 November 2015 impugned in W.P.No.37233 of 2015, has been withdrawn by the Chairman, State Level Scrutiny Committee and Secretary to Government, by proceedings in Letter No.6101/CV-4(2)/2015-11 dated 07.12.2015 on the ground of affording further opportunity to the petitioner. 5.The show cause notice dated 28 September 2015 issued prior to the proceedings dated 06 November 2015, is under assail in W.P.No.33217 of 2015.

In view of the fact that the State Level Scrutiny Committee has decided to afford fresh opportunity of hearing after withdrawing the consequential order dated 06 November 2015, it is not proper to proceed further. 6.In view of the subsequent development as aforestated, both the writ petitions have become infructuous and the same are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mmi

To

1. The Secretary to Government cum Chairman, State Level Scrutiny Committee, (CV2) Department, Secretariat, Chennai - 9.

2. The Deputy Superintendent of Police, SC/ST Vigilance Cell, Salem Region, Room No.109, Collector Office Campus, Salem - 1.

3. The Chairman, Tamil Nadu State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maligai, Secretariat, Chennai - 9.

4. The Secretary, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. of CMBT, Arumbakkam, Chennai - 106.

5. The District Collector, Salem.

6. The District Collector, Erode.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.66201 & 66203 +1cc to the Government Pleader, S.R.No.66161 W.P.Nos.33217 and 37233 of 2015 UG(CO) CA(17/12/2015)