G.Venkatesan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.23927 and 23928 of 2025 G.Venkatesan ... Petitioner Vs.
1.The Government of Tamil Nadu Rep. by its Principal Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Director of Municipal Administration No.75, Santhome High Road Raja Annamalaipuram, M.R.C.Nagar, Chennai-600 029 3.The Director of Local Fund Audit, No 571, Officers Building, Veterinary Hospital Campus, 4th Floor, Anna Salai, Nandanam, Chennai - 600 035.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned charge memorandum issued by the 2nd Respondent 1/6
on Roc.No.3717/19/C4 dated 27.01.2009 and Quash the same and consequently to direct the 1st and 2nd Respondents to settle the DCRG amount along with interest, within a reasonable period as may be fixed by this Court. For Petitioner : Mr.SN.Ravichandran For Respondents : Dr.T.Seenivasan Special Government Pleader
O R D E R
The instant writ petition has been filed with a prayer for issuing a Certiorarified Mandamus, calling for the records relating to the impugned charge memorandum issued by the 2nd respondent on Roc.No.3717/19/C4 dated 27.01.2009 and quash the same and consequently to direct the 1st and 2nd Respondents to settle the DCRG amount along with interest, within a reasonable period as may be fixed by this Court.
2. The learned counsel for the petitioner would submit that the petitioner has challenged the Charge Memorandum issued by the 2nd respondent vide R.O.C.No.3717/2009/C4, dated 27.01.2009. The specific ground of the petitioner is that though charge memorandum dated 27.01.2009 was issued and enquiry was completed during 2011, so far no final order has been passed. It is the specific contention of the petitioner that the inordinate 2/6
delay in passing final order, is a ground to quash the charge memorandum.
3. Per contra, learned Special Government Pleader appearing for the respondents would strongly object the contention of the petitioner and would submit that they will pass final orders on the pending proceedings, within a reasonable time.
4. I have given my anxious consideration to the submissions made on either side.
5. It is pertinent to mention here that even in the year 2019, this Court vide order dated 13.11.2019 in W.P.No.15973 of 2019, directed the respondents 1 and 2 therein to pass appropriate orders on the representation of the petitioner dated 03.05.2019. However, inspite of such specific direction, the respondents have not passed the final order. That is the ground for the petitioner to approach this Court by way of the present writ petition.
6. It is well settled principle of law that whenever any direction was issued in a writ proceedings and the same is not complied with, then the 3/6
remedy available to the petitioner is to file a contempt of Court and not to file an another writ petition so as to execute the order passed in the earlier writ petition. In such view of the matter, this Court does not find any merits in the present writ petition.
7. In the result, the Writ Petition is dismissed. No costs. Consequently, the connected writ miscellaneous petitions are closed. 19.06.2025 dm Index : Yes/No Speaking order /Non Speaking Order 4/6
To 1.The Principal Secretary to Government Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Director of Municipal Administration No.75, Santhome High Road Raja Annamalaipuram, M.R.C.Nagar, Chennai-600 029.
3.The Director of Local Fund Audit, No 571, Officers Building, Veterinary Hospital Campus, 4th Floor, Anna Salai, Nandanam, Chennai - 600 035.
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C.KUMARAPPAN, J.
dm 19.06.2025 6/6