Karpagam Packagiong Industries v. The Secretary To The Govt. Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.12169 to 12171 of 2012 M/s.Karpagam Packaging Industries, New No.2/595, Old No.3/418, Kuppam Road, Singaravelar Salai, Neelangarai, Chennai-600 041, rep. by its Sole Proprietor Mr.J.Pushparaj.

.. Petitioner in all WPs -vs1.The Secretary to the Government of Tamil Nadu, Housing & Urban Development Department, Fort St. George, Chennai-600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.Mr.V.Manickavasagam, The Commissioner, St. Thomas Mount Panchayat Union, At Chitlapakkam, Chennai-600 064.

4.Mr.S.Selvaraj, BDO, Lathur Panchayat Union, Lathur Village, Madurantakam Taluk & District.

5.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

6.The Zonal Officer, Zone - XV, Corporation of Chennai, Sholinganallur, Chennai-600 119.

7.P.Ramamoorthy 8.Mahalakshmi .. Respondents in all WPs.

Writ Petition No.12169 of 2012 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 and 5 to make departmental enquiry against the third respondent due to his deliberate willful default in discharging his statutory duty and willfully failed to obey the orders / directions of the second respondent / CMDA in its Letter No.ES3/2851/2010 dated 09.04.2010 and in Letter ES3/7851/2010 and in Letter No.ES3/7851/2010, dated 15.02.2012 and dismiss the third respondent from his service.

Writ Petition No.12170 of 2012 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 to make departmental enquiry against the sixth respondent due to his deliberate willful default in discharging his statutory duty and willfully failed to obey the orders / directions of the second respondent / CMDA in its Letter No.ES3/2851/2010 dated 09.04.2010 and in Letter ES3/7851/2010 and in Letter No.ES3/7851/2010, dated 15.02.2012 and dismiss the third respondent from his service. Writ Petition No.12171 of 2012 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 and 5 to make departmental enquiry against the fourth respondent due to his deliberate willful default in discharging his statutory duty and willfully failed to obey the orders / directions of the second respondent / CMDA in its Letter No.ES3/2851/2010 dated 09.04.2010 and in Letter ES3/7851/2010 and in Letter No.ES3/7851/2010, dated 15.02.2012 and dismiss the third respondent from his service.

For Petitioner :

Mr.M.S.Mani For Respondents :

Ms.Vasudha Thiagarajan Addl. G.P. for R1 Mr.N.Sampath for R2 Mr.G.Anantha Rangan for R5 & R6

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) We may note that number of directions had been passed in the connected matter (M.P.No.5 of 2012 in W.P.No.17173 of 2012) qua the disciplinary action against the offending Corporation officials and the Miscellaneous Petition (M.P.No.5 of 2012 in W.P.No.17173 of 2012) was closed on 03.01.2013, granting two months' time from the date of the order to conclude the disciplinary proceedings. The fate of this is still not known. The details of the disciplinary proceedings be filed through an affidavit.

2. List for compliance on 10.02.2017.

3. In view of the directions already passed in W.P.No.17173 of 2013 for the enquiry to be held against the delinquent officials, the present writ petitions are not maintainable and are closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To 1.The Secretary to the Government of Tamil Nadu, Housing & Urban Development Department, Fort St. George, Chennai-600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

4.The Zonal Officer, Zone - XV, Corporation of Chennai, Sholinganallur, Chennai-600 119.

Copy to:

1. The Sub Assistant Registrar (Writs) High Court, Madras.

2. The Section Officer, Writ Section, High Court, Madras.

+1cc to Mr.S. Ramesh, Advocate, S.R.No.72045 +3ccs to Mr.M.S. Mani, Advocate, S.R.No.72582, 72580, 72581 +3ccs to Mr.G. Anantha Rangan, Advocate SR.72105, 72103, 72102 +2ccs to Mr.N. Sampath, Advocate S.R.No.71999, 72001 RSY(CO) EU 15.12.16 W.P.Nos.12169 to 12171 of 2012