D.Selvan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.No.28979 of 2025 D.Selvan ... Petitioner Vs.
1.
The District Collector, Tiruvannamalai District, Tiruvannamalai.
Commissioner, Panchayat Union, Vembakkam, Tiruvannamalai District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of certiorarified mandamus, calling for the records relating to the proceeding in Na.Ka.Va.A1/1857/dated 26.06.2025, passed by the 2nd respondent herein, quash the same and consequently direct the respondents to reinstate the petitioner in service forthwith and to sanction all consequential benefits.
For Petitioner : Mr.M.Sasikumar For Respondent : Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 & R2
ORDER
By consent, the writ petition is taken up for final disposal at the admission stage itself.
The writ petition is filed challenging the order dated 26.06.2025, passed by the second respondent removing the petitioner from service and quash the same.
3.
The case of the petitioner is that, he was appointed as Office Assistant on 01.09.1998. While so, when the petitioner is due to retire in the month of July, 2025, the second respondent issued the impugned order dated 26.06.2025, removing the petitioner from service for having produced bogus transfer certificate at the time of joining service. Aggrieved by which, the petitioner has come before this Court.
4.
The learned Counsel for the petitioner would submit that in this regard, the petitioner has already filed a statutory appeal and the same is pending before the first respondent.
5.
It is well settled principle of law that without exhausting alternate remedy, the question of filing the writ petition, instead of approaching the appellate Authority does not arise at all. In the case on hand, there are no grounds put forth before this Court, so as to maintain the writ petition. Therefore, this Court do no find any merits in the present writ petition.
6.
However, the learned Counsel for the petitioner would submit that the petitioner is retiring in the month of July, 2025 and therefore, seeks a direction from this Court for an early disposal of the appeal. 7.
In view of the same, this Court without going into the merits of the matter, deems it appropriate to direct the first respondent to consider the petitioner's appeal dated 30.06.2025 and dispose of the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
In the result, the Writ Petition is dismissed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 16.07.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The District Collector, Tiruvannamalai District, Tiruvannamalai.
Commissioner, Panchayat Union, Vembakkam, Tiruvannamalai District.
C.KUMARAPPAN, J.
veda and W.M.P.No.28979 of 2025 16.07.2025