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Madras High CourtWP/14553/2012dismissed

S.Ravichandran, v. Tamil Nadu Water Supply And

2016-06-21Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.06.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.14553 of 2012 & M.P.No.1 of 2012 S.Ravichandran .. Petitioner Vs.

1.Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The Joint Chief Engineer, TWAD Board, Northern Region, Vellore - 6.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to Proceedings No.19972/Estt.(DPI)/A3/2001 dated 25.06.2002 on the file of the second respondent herein and quashing the same so far relating to the punishment of removal from service and consequently by directing the respondent to impose the similar punishment of compulsory retirement with effect from 25.06.2002 on par with Mr.Chelliah, Junior Engineer.

For Petitioner : Mr.S.Makesh For Respondents : Mrs.Thamizharasi Standing Counsel for TWAD

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to Proceedings No.19972/Estt.(DPI)/A3/2001 dated 25.06.2002 on the file of the second respondent and to quash the same and https://hcservices.ecourts.gov.in/hcservices/

consequently directing the respondent to impose the similar punishment of compulsory retirement with effect from 25.06.2002 on par with Mr.Chelliah, Junior Engineer.

2.The only ground raised by the petitioner is that similarly placed person has filed Writ Petition in W.P.No.16194 of 2004 before this Court, which has been set aside, by order dated 14.03.2012 and therefore, he prays for the same relief. 3.The learned Standing Counsel for TWAD would contend that the petitioner has not explained the delay properly and hence, his application has been rejected on the ground of laches. It is further submitted that the respondents had filed Writ Appeal against the order of the learned Single Judge passed in W.P.No.16194 of 2004 and when that is pending, the present Writ Petition is only on the basis of that order is not maintainable.

4.Recording the submission made by the learned Standing Counsel for TWAD, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar sri To 1.Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The Joint Chief Engineer, TWAD Board, Northern Region, Vellore - 6.

+1 cc to M/s.S.Thamizharasi Advocate sr.34424 +1 cc to S.Makesh Advocate sr.34586 W.P. No.14553 of 2012 aa12/07/2016 https://hcservices.ecourts.gov.in/hcservices/