C.K.Muthukumar v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.No.28162 of 2023 C.K.Muthukumar S/o.S.Chinnalayan ... Petitioner Vs.

1.The Chairman, The Board of Director, The Chairman and Principal Secretary, All State Transport Corporations, Secretariat, Fort St.George, Chennai - 600 009.

2.The Board of Director, represented by its Managing Director, Tamil Nadu Transport Corporation (Koval) Ltd., Head Office, 37, Mettupalayam Road, Coimbatore - 641 043.

3.The Board of Director, represented by its Managing Director, Tamil Nadu Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai - 625 010.

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4.The Board of Director, represented by its Managing Director, Tamil Nadu Transport Corporation (Villupuram) Ltd., Head Office, Valuthareddy 3/137 Chalamedu, Villupuram - 605 602.

5.The Board of Director, represented by its Managing Director, Tamil Nadu Transport Corporation (Kumbakonam) Ltd., Head Office, Railway Station New Road, Kumbakonam - 612 001.

6.The Board of Director, represented by its Join Director, Finance Department, Secretariat, Chennai - 600 009.

7.The Board of Director, represented by its Superintending Engineer, Nation Highways Department, Korangusavadi - Salem, Salem District.

8.P.Palanisamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 7 to consider and dispose of the petitioner's representation dated 24.07.2023 to cancel the appointment of the eighth respondent as Enquiry Officer. 2/6

For Petitioner : Mr.P.Vetrivel For Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.K.Raja [R1 to R4 & R6 & R7] Mrs.S.Sathiya Gandhi [R5] Mrs.S.Rajani Ramadoss [R8] *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 7 to consider and dispose of the petitioner's representation dated 24.07.2023 to cancel the appointment of the eighth respondent as Enquiry Officer.

2. Mr.P.Muthukumar, learned State Government Pleader, submitted that a writ of mandamus will not lie against the appointment of Enquiry Officer. Further, the authority, who appointed the Enquiry Officer, has not been made as a party in the writ petition.

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3. When the aforesaid was pointed out to learned counsel for petitioner, he sought for permission of this Court to withdraw the present petition with liberty to file a fresh Writ Petition and has also made an endorsement to that effect.

Recording the said endorsement, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition. No costs. Consequently, connected miscellaneous petition is closed. 05.10.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Chairman, The Board of Director, The Chairman and Principal Secretary, All State Transport Corporations, Secretariat, Fort St.George, Chennai - 600 009.

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2.The Managing Director, Board of Director, Tamil Nadu Transport Corporation (Koval) Ltd., Head Office, 37, Mettupalayam Road, Coimbatore - 641 043.

3.The Managing Director, Board of Director, Tamil Nadu Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai - 625 010.

4.The Managing Director, Board of Director, Tamil Nadu Transport Corporation (Villupuram) Ltd., Head Office, Valuthareddy 3/137 Chalamedu, Villupuram - 605 602.

5.The Managing Director, Board of Director, Tamil Nadu Transport Corporation (Kumbakonam) Ltd., Head Office, Railway Station New Road, Kumbakonam - 612 001.

6.The Join Director, Board of Director, Finance Department, Secretariat, Chennai - 600 009.

7.The Superintending Engineer, Board of Director, Nation Highways Department, Korangusavadi - Salem, Salem District.

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V.BHAVANI SUBBAROYAN, J gm 05.10.2023 6/6