G.M.Kandavel v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.11.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.15777/2020 & WMP.No.19614/2020 G.M.Kandavel ..Petitioner
Versus
1. The Union of India represented by Secretary to Government Ministry of Social Justice and Empowerment Room No.636, ''A'' Wing, Shastri Bhawan Dr.Rajendra Prasad Road, New Delhi 110 001.
2. The State represented by the Secretary to Government, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu Namakkal Kavignar Maaligai Fort St George, Chennai 600 009.
3. The Managing Director Tamil Nadu Adi Dravidar Housing & Development Corporation, [TAHDCO] Head Office, No.31, Cenetoph Road 2nd Lane Teynampet, Chennai 600 018.
4. The District Manager/Deputy Collector Tamil Nadu Adi Dravidar Housing & Development Corporation, [TAHDCO] Villupuram District Collectorate Villupuram 605 602.
5. Mr.B.Chinnadurai ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records of the order of the 3rd respondent bearing proceedings in nk/,/br/M/vz;/m3/10830/005 dated 30.01.2015 and quash the same as illegal.
For Petitioner :
Mr.P.Suresh Babu For R1 :
Ms.M.P.Jaisha Central Govt.Standing counsel
ORDER
[Order of the Court was made by M.SATHYANARAYANAN] (1)This Court heard the submissions of the learned counsel for the petitioner and Ms.M.P.Jaisha, learned Central Government Standing counsel appearing for the 1st respondent and perused the materials placed before it.
(2)The writ petition styled as a Public Interest Litigation, prima facie appears to be in respect of a service matter and in the light of the decision rendered by the Hon'ble Supreme Court of India reported in 1998 [7] SCC 273 [Dr.Duryodhan Sahu and Others Vs. Jitendra Kumar Mishra and Others], the writ petition is not maintainable.
(3)At this juncture, the learned counsel for the petitioner seeks the permission of this Court to withdraw this writ petition with a liberty to avail the remedy under the Right to Information Act and also made an endorsement in the petition to that effect.
(4)In the light of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn and the liberty sought for by the petitioner is granted. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Secretary to Government, Union of India Ministry of Social Justice and Empowerment Room No.36, ''A'' Wing, Shastri Bhawan Dr.Rajendra Prasad Road, New Delhi 110 001.
2. The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu Namakkal Kavignar Maaligai Fort St George, Chennai 600 009.
3. The Managing Director Tamil Nadu Adi Dravidar Housing & Development Corporation, [TAHDCO] Head Office, No.31, Cenetoph Road 2nd Lane Teynampet, Chennai 600 018.
4. The District Manager/Deputy Collector Tamil Nadu Adi Dravidar Housing & Development Corporation, [TAHDCO] Villupuram District Collectorate Villupuram 605 602.
WP.No.15777/2020 RLD(CO) RV(03/12/2020)