P.Ravichandran, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 26.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33694/2015 & MP.No.1/2015 P.Ravichandran .. Petitioner
Versus
1.The Managing Director Tamilnadu Housing Board No.493, Anna Salai, Nandanam Chennai 600 035.
2.The Chief Revenue Officer Tamilnadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.
3.The Executive Engineer cum Administrative Officer, Tamilnadu Housing Board, Ellees Nagar, Madurai-10.
4.the Superintending Engineer Madurai Division, Tamilnadu Housing Board Ellees Nagar, Madurai - 10.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus forbearing the respondents and their subordinates or any other officials tracing power under them or on their complaints, from proceeding against the petitioner in any manner contrary to the Tamil Nadu Housing Board's Service Regulations, 1969 and in the absence of any disciplinary proceeding as permissible therein, based on any report said to have been given by the 2nd respondent on any enquiry, to the 1st respondent, in respect of the issue of allotment of plots at Koodal Pudur in Madurai to the Vaigai River bank occupiers, whose huts were vanished by flood took place in the year 1977 and to drop if any already initiated agaisnt the petitioner based on the same.
For Petitioner : Mr.K.Karthick Jagannath For R1 to R4 : Mr.V.Anandamoorthy
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner, at present, working as an Office Assistant in the office of the 3rd respondent and is grievance is that in utter violation of the Tamil Nadu Housing Board's Service Regulations, 1969, without initiating any departmental action and without lodging any criminal complaint, the petitioner is proceeded, both departmentally as well as by way of criminal prosecution, by the Department of Vigilance and Anti Corruption, Madurai and hence, he came forward to file this writ petition.
Learned counsel for the petitioner would submit that only as per the instructions of the 1st respondent, steps are being taken by the 3rd respondent to proceed against the petitioner both departmentally and also by way of criminal prosecution and hence, the petitioner has been constrained to approach this Court by way of filing this writ petition.
Per contra, MrV.Anandamoorthy, learned standing counsel, who accepts notice on behalf of the respondents 1 to 4, has drawn the attention of this Court to the typed set of documents and would submit that admittedly, the office of the 1st respondent as well as the Department of Vigiance and Anti Corruption, located in Madurai and therefore, no part of cause of action has arose within the jurisdiction of this Court and the remedy open to the petitioner, if any, is to approach the Madurai Bench of tis Court and prays for dismissal of this writ petition. This Court considered the rival submissions made on either side and also perused the materials placed before it.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same and also taking into consideration, the objection as to the jurisdiction raised by the learned Standing Counsel for the respondents, permits the petitioner to submit a detailed representation to the respondents 1 and 2, within a period of two weeks from the date of receipt of a copy of this order and the respondents 1 and 2, on receipt of the same, are directed to consider and dispose of the said representation on merits and in accordance with law and pass appropriate orders within a further period of four weeks thereafter and communicate the decision taken, to the petitioner.
The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR AP To 1.The Managing Director Tamilnadu Housing Board No.493, Anna Salai, Nandanam Chennai 600 035.
2.The Chief Revenue Officer Tamilnadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.
3.The Executive Engineer cum Administrative Officer, Tamilnadu Housing Board, Ellees Nagar, Madurai-10.
4.the Superintending Engineer Madurai Division, Tamilnadu Housing Board Ellees Nagar, Madurai - 10.
+1 CC to MR. K.Karthick Jagannath Advocate. SR.NO. 58074 W.P.No.33694/2015 CO-CA JD 04/11/2015