Madras High CourtWP/27823/2018dismissed as infructuous

R.Subramanian v. The Secretary To Government

2023-03-14Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.32338 and 32339 of 2018 R.Subramanian ... Petitioner Vs.

1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai - 9.

2.Commissioner of Municipal Administration, Chepauk, Chennai - 5.

3.The Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

4.R.Lakshmi 5.M.Sundararajan ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fourth respondent to provide opportunity to the petitioner being the complainant, in all aspects 1/4

including oral hearing and written submission and to participate in the enquiry conducted by her against the fifth respondent into the charge memo dated 20.04.2018 in N.K.No.13905/2015/MC.A1, based on the G.O(D) No.95, Municipal Administration and Water Supply (MC4) Department, dated 09.03.2018 and G.O(D) No.255, Municipal Administration and Water Supply (MC4) Department, dated 15.06.2018 before passing any orders by the respondents 1 and 2 on her enquiry report.

For Petitioner : Mr.R.Hashwanth For Respondents : Mr.S.Balamurugan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the fourth respondent to provide opportunity to the petitioner being the complainant, in all aspects including oral hearing and written submission and to participate in the enquiry conducted by her against the fifth respondent into the charge memo dated 20.04.2018 in N.K.No.13905/2015/MC.A1, based on the G.O(D) No.95, Municipal Administration and Water Supply (MC4) Department, dated 09.03.2018 and G.O(D) No.255, Municipal 2/4

Administration and Water Supply (MC4) Department, dated 15.06.2018 before passing any orders by the respondents 1 and 2 on her enquiry report.

2.The learned counsel appearing for the petitioner submitted that the writ petition was filed mainly on the ground that no opportunity was given to the petitioner, however, during the pendancy of this writ petition, final order was passed. Hence, no further adjudication is necessary in this writ petition. 3.Recording the submission made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed. 14.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai - 9.

2.Commissioner of Municipal Administration, Chepauk, Chennai - 5.

3.The Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

And W.M.P.Nos.32338 and 32339 of 2018 14.03.2023 4/4