K.Sivakumar v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.28758 & 28760 of 2024 K.Sivakumar S/o.S.Krishnamoorthy ... Petitioner Vs.

1.The Secretary, Animal Husbandry and Diary Development, Secretariat, Chennai - 600 009.

2.The Commissionerate, Diary Development Department, Aavin Illam, Charmiers Road, Nandanam, Chennai - 600 035.

3.The Managing Director, Tamil Nadu Co-operative Milk Producers Federation Ltd., Nandanam, Chennai - 600 035.

4.The General Manager, Villupuram District Co-operative Milk Producers Union Ltd., Trichy Main Road, Vazhudhareddy Post, Villupuram - 605 401.

... Respondents Writ Petition filed under Article 226 of the Constitution of 1/4

India seeking issuance of a Writ of Certiorari calling for the records of the impugned order passed by third respondent in Ref.No.7695/Pers.IR.2/2018 dated 05.03.2020 and consequential impugned suo motu order passed by fourth respondent vide Na.Ka.No.10000/Pa.A.1/1994 dated 02.08.2024 and quash the same as they are arbitrary, illegal and non-est in law. For Petitioner : Ms.Dakshayani Reddy, Senior Counsel for Ms.N.Lavanya For Respondents : Mr.V.P.R.Elamparithi Additional Government Pleader [R1 & R2] Mr.P.Arunkumar [R3] *****

O R D E R

This writ petition has been filed challenging the proceedings of the third respondent dated 05.03.2020 and the consequential order of the fourth respondent dated 02.08.2024.

2. Heard Ms.Dakshayani Reddy, learned Senior Counsel appearing for petitioner, Mr.V.P.R.Elamparithi, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.P.Arunkumar, learned counsel appearing for third respondent.

3. On going through the records, it is seen that the petitioner has already filed an appeal against the order dated 05.03.2020 before the 2/4

third respondent and which has to be considered by the Board. In view of the same, the very same order cannot become a subject matter of challenge in this writ petition.

4. In view of the above, it is left open to the petitioner to work out his remedy in the appeal before the Board and the same will be dealt with on its own merits and in accordance with law. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 06.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary, Animal Husbandry and Diary Development, Secretariat, Chennai - 600 009.

2.The Commissionerate, Diary Development Department, Aavin Illam, Charmiers Road, Nandanam, Chennai - 600 035.

N.ANAND VENKATESH, J gm 3/4

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