T.Paul Thurai v. The Secy.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.25611 of 2003 T.Paul Thurai ..

Petitioner -vsThe Secretary Kaniyakumari District Sarvodaya Sangh No.50, Vagayadi South Car Street Kottar, Nagercoil 629 002 Kaniyakumari District ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the respondent relating to his proceeding made in No.KKDSS 228/2003-04 dated 10.6.2003 and quash the same as null and void, illegal and invalid and consequently directing the respondent to disburse the petitioner's salary commencing from the month of May, 2003 to upto date and permitting the petitioner to remit Rs.16,428.90 by instalment or to remit the same after collecting the amount from the purchasers.

For Petitioner ::

Mr.A.Amalraj For Respondent ::

No appearance

ORDER

The present writ petition has been directed against the impugned order of recovery dated 10.6.2003, in and by which the petitioner was directed to remit the outstanding sum of Rs.16,428.90 to the department within the stipulated time.

2. This Court, by order dated 15.9.2003, asked the learned counsel for the petitioner to argue about the maintainability of the writ petition, for which the learned counsel relied on the order passed in Writ Petition No.15677 of 2000 dated 21.4.2003. But this Court has further observed in the said order that the learned Judge has not decided about the issue of maintainability, however, granting time to the petitioner's counsel, adjourned the matter. https://hcservices.ecourts.gov.in/hcservices/

3. In this background, when the matter was taken up, this Court, finding that the respondent is not amenable to writ jurisdiction, is not inclined to entertain the writ petition. Accordingly, giving liberty to the petitioner to approach the competent authority, within two weeks from today, to work out his remedy, the writ petition stands dismissed as not maintainable. Consequently, W.P.M.P.No.31453 of 2003 is also dismissed. No costs. ss -s/d- Assistant Registrar(CS-III) Dt:18/2/2015 True Copy Sub-Assistant Registrar To The Secretary Kaniyakumari District Sarvodaya Sangh No.50, Vagayadi South Car Street Kottar, Nagercoil 629 002 Kaniyakumari District gj(co) prk18/2 W.P.No.25611 of 2003 https://hcservices.ecourts.gov.in/hcservices/