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Madras High CourtWP/28136/2017disposed of

Varaaki v. The Government Of Tamil Nadu

2023-07-26Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Varaaki ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Secretary Commercial Taxes & Registration Department Fort St. George, Chennai - 9.

2. The Registration General of Tami Nadu Office of the Director General of Registration No.100, Santhome High Road Chennai.

3. The Deputy Inspector General of Police Crime Branch - CID No.3, SIDCO Electronic Complex I Floor, Guindy, Chennai - 32.

4. P.Sivapriya.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, (i) to order a thorough court monitored investigation by the 3rd respondent or by special investigation team constituted by this Hon'ble Court about the involvement of corruption and accumulation of wealth by the 4th respondent which was in her name and her binomys name and if such allegations are found correct pass such further consequential and necessary directions including criminal prosecution against the 4th respondent ;

(ii) to direct the 2nd respondent to take necessary departmental proceedings based on the judicially proved charges through orde in W.P.No.2180/2015 dated 19.02.2015 and the judgment in O.S.No.89/2011 dated 11.08.2015 passed by the learned Additional District and Sessions Judge, Dindigul and other witnesses. For the Petitioner : Mr.P.Vijendran For the Respondents : Mr.K.M.D.Muhilan Additional Government Pleader for R1 to R3 Mr.Singaravelan Senior Counsel for Mr.B.Damodaran for R4

ORDER

(Made by the Hon'ble Chief Justice) We heard Mr.P.Vijendran, learned counsel for the petitioner, Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 1 to 3 and Mr.Singaravelan, learned Senior Counsel appearing for Mr.B.Damodaran, learned counsel for the respondent 4.

2. The petitioner seeks a direction to initiate investigation and to take necessary Disciplinary Proceedings against the fourth respondent.

3. Counter is filed by the second respondent, which states that the fourth respondent was suspended from service on 16.02.2018 and later, was dismissed from service on 26.06.2023.

4. Learned Senior Counsel appearing for the fourth respondent submits that the fourth respondent is challenging the said order of dismissal.

5. In the light of that, the purpose of the writ petition stands served. The writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.30271 & 35676 of 2017 are closed.

(S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :

Yes/No :

Yes/No drm

To

1. The Secretary The Government of Tamil Nadu Commercial Taxes & Registration Department Fort St. George, Chennai - 9.

2. The Registration General of Tami Nadu Office of the Director General of Registration No.100, Santhome High Road Chennai.

3. The Deputy Inspector General of Police Crime Branch - CID No.3, SIDCO Electronic Complex I Floor, Guindy, Chennai - 32.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) W.P.No .28136 of 2017 26.07.2023