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Madras High CourtWP/21988/2014disposed of

P.Chinnaraj v. Tamilnadu Ex Servicemen

2019-11-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.21988 of 2014 P.Chinnaraj ..Petitioner Vs.

1.Tamil Nadu Ex-Servicemen Corporation, (TEXCO) rep.by the General Manager, Major Parameswaran P.V.C. Memorial Building, Sri Nagar Colony, 2, West Mada Street, Saidapet, Chennai - 600 015 2.Indian Oil Corporation Ltd., Rep.by Managing Director, Indian Oil Bhavan, 139, Mahatma Gandhi Road, Nungambakkam High Road, Chennai - 600 034 3.Indian Oil Corporation Ltd., Rep.by Chief Plant Manager, Lube Blending Plant, Tondiarpet, Chennai - 600 081 4.N.Adhikesavan 5.Manoharan 6.The Secretary to Government, Public (Ex-Servicemen) Department, Fort St.George, Chennai - 600 009 (R6 - Impleaded as 6th respondent as per order dated 05.11.2019 in W.P.No.21988/2014) ..

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose of the representation dated 18.06.2014 given by the petitioners to the 1st respondent within the time that may be fixed by this Hon'ble Court and to pass such further or other orders as this Hon'ble Court may be pleased to deem fit and proper in the circumstances of the case and thus render justice.

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For Petitioner : M/s.Kamatchi D For Respondents : Mr.S.Sivashanmugam [For R1] Mr.R.Vigneswaran [For R4 & R5] Mr.J.Ramesh Additional Government Pleader [For R6] No appearance [For R2 & R3]

O R D E R

The learned counsel for the writ petitioner states that the Tamil Nadu Ex-Servicemen Corporation (TEXCO) is coming under the administrative control of the Public (Ex-Servicemen) Department of the Government of Tamil Nadu. The Tamil Nadu Ex-Servicemen Corporation was constituted by the Government by issuing G.O.Ms.No.889, Public (Ex-Servicemen) Department dated 7th May 1985.

2. The learned counsel for the respondents state that the writ petition is filed on account of certain disputes between the writ petitioner and the higher officials.

3. However, the learned counsel appearing on behalf of the writ petitioner states that there are large scale misappropriation and irregularities are going on in the Tamil Nadu Ex-Servicemen Corporation and the Department has not taken any action. The writ petitioner has submitted a detailed complaint regarding such allegations along with his grievances and the representation was submitted on 18.06.2014. Till today, no action has been taken by the respondents.

4. Under these circumstances, this Court is of an opinion that it is necessary to implead the Secretary to Government, Public (Ex-Servicemen) Department, Fort St.George, Chennai - 600 009, for the purpose of looking into the issues in relation to the large scale allegations against the Tamil Nadu Ex-Servicemen Corporation and initiate all suitable actions by following the procedures.

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5. Thus, the Secretary to Government, Public (Ex-Servicemen) Department, Fort St.George, Chennai - 600 009, is Suo-Motu impleaded as 6th respondent in the writ petition.

6. The 6th respondent / Secretary to Government, Public (ExServicemen) Department, is directed to consider the representation submitted by the writ petitioner on 18.06.2014 and look into the complaints against the Corporation and initiate all suitable actions in order to cull out the truth or otherwise and pass necessary orders as expeditiously as possible preferably within a period of Four(4) Months from the date of receipt of a copy of this order.

7. The writ petitioner is directed to enclose the copies of the representation and all other materials and documents, if any, to the 6th respondent, along with the orders passed in this writ petition, enabling the 6th respondent to look into the matter.

8. With these directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kak To 1.The General Manager, Tamil Nadu Ex-Servicemen Corporation, (TEXCO), Major Parameswaran P.V.C. Memorial Building, Sri Nagar Colony, 2, West Mada Street, Saidapet, Chennai - 600 015 2.The Managing Director, Indian Oil Corporation Ltd., Indian Oil Bhavan, 139, Mahatma Gandhi Road, Nungambakkam High Road, Chennai - 600 034 3/4

3.The Chief Plant Manager, Indian Oil Corporation Ltd., Lube Blending Plant, Tondiarpet, Chennai - 600 081 4.The Secretary to Government, Public (Ex-Servicemen) Department, Fort St.George, Chennai - 600 009 +1cc to Mr.S.Sivashanmugam, Advocate sr.92316 +1cc to M/S.D.Kamachi, Advocate sr.92036 +1cc Government Pleader sr.91959 W.P.No.21988 of 2014 sj(co) nr 16/12/2019 4/4