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Madras High CourtWP/18094/2021disposed of

C.Palaniyappan v. The Registrar General

2021-09-22Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.Nos.18094 and 18098 of 2021 W.P.No.18094 of 2021:

C.Palaniyappan

...Petitioner

Vs

1. The Registrar General, High Court, Madras - 600 104.

2. The Principal District Judge,

4. The Special Subordinate Judge,

...Respondents

W.P.No.18098 of 2021:

M.Rathinavelu

...Petitioner

Vs

1. The Registrar General, High Court, Madras - 600 104.

2. The Principal District Judge,

4. The Principal Subordinate Judge,

...Respondents

Prayer: W.P.No.18094 of 2021 filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the order in Dis.No.134/2016, dated 02.04.2016 on the file of the fourth respondent herein, and to quash the same and direct the fourth respondent reinstate the petitioner as the Assistant in the Court of the Principal Subordinate Judge, Thiruvannamalai, subject to the conditions that may be imposed by this Hon'ble Court upon the petitioner from time to time.

W.P.No.18098 of 2021 filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the order in Dis.No.258/2016, dated 28.03.2016 on the file of the fourth respondent herein, and to quash the same and direct the fourth respondent reinstate the petitioner as the Assistant in the Court of the Principal Subordinate Judge, Thiruvannamalai, subject to the conditions that may be imposed by this Hon'ble Court upon the petitioner from time to time.

For the Petitioners in both cases : Mr.S.Subbiah Senior Advocate for M/s.Elizabeth Ravi For the Respondents in both cases : Mr.V.Vijay Shankar COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) The present petitions are a sequel to an earlier batch of petitions disposed of by an order of November 18, 2019.

2. The previous writ petitions were dismissed, but the petitioners were given liberty to approach this court if the inquiry was not completed within a period of three months.

3. Unfortunately for the petitioners, the pandemic intervened towards the middle of March, 2020 and life has been

thrown completely out of gear, so much so that even after 18 months the full functioning of the court has not resumed as it was prior to March, 2020.

4. Further, on an application filed in such regard, an order was made on August 17, 2021 referring to the restrictions during lockdown and several other grounds indicated for extending the time to complete the inquiry. The order dated August 17, 2021 permitted the inquiry to be completed by January 31, 2022. In recent weeks, the lockdown measures have been eased considerably and immediate appropriate steps should be taken to ensure that the deadline of January 31, 2022 is adhered to.

5. W.P.No.18094 of 2021 along with W.P.No.18098 of 2021 stand disposed of with the same liberty as granted by the order dated November 18, 2019 reserved unto the petitioners to apply afresh in the event the inquiry is not completed by the extended date of January 31, 2022. W.M.P.Nos.19327 and 19324 of 2021 are closed.

There will be no order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To:

1. The Registrar General, High Court, Madras - 600 104.

2. The Principal District Judge,

4. The Special Subordinate Judge,

5. The Principal Subordinate Judge, +1 CC to M/s.Elizabeth Ravi, Advocate, Sr.No. 48424. W.P.Nos.18094 and 18098 of 2021 SRA(CO) LS(27/09/2021)