N.Annamalai v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A(MD)No.

and M.P(MD)Nos.1 and 2 of 2011 N.Annamalai :Appellant/Petitioner .vs.

1.The Government of Tamil Nadu, Rep. by its Secretary, Cooperative Department, Fort St. George, Chennai.

2.The Registrar of Cooperative Societies, (Housing), 3.The Deputy Registrar of Cooperative, Societies(Housing), 4.The Special Officer, Thoothukudi Melur Cooperative Housing Society, Thoothukudi. : Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 26.08.2021 passed in W.P(MD)No.9757 of 2011. Prayer in WP(MD). 9757/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari or any other appropriate writ or order or direction particularly in the nature of Writ, calling for the records pertaining to charge memo issue by the 3rd respondent in his proceedings in Na.Ka.3917/2010 Aa, dt.17.8.2011 quash the same. For Appellant :Ms.P.Kalaiyarasi Bharathi For R-1 to R-3 :Mr.J.K.Jeyaseelan, Government Advocate For R-4 :Mr.A.K.Baskarapandian 1/3

JUDGMENT

R.SUBRAMANIAN,J.

AND N.SATHISH KUMAR , J.

The appellant / writ petitioner challenges the dismissal of his writ petition in W.P(MD)No.9757 of 2011.

2. The challenge in the writ petition was to the charge memo issued. While dismissing the writ petition as not maintainable, the Writ Court had issued certain directions regarding conduct of the enquiry. Aggrieved by the same, the writ petitioner has come up with this writ appeal.

3. Mr.A.K.Baskarapandian, learned counsel appearing for the fourth respondent Society would submit that the appellant was charged for other delinquencies. An Enquiry Officer was appoined and the appellant / writ petitioner was found guilty and he was removed from service. His appeal challenging the order of removal from service, has been dismissed. Therefore, the appellant is no longer in service.

4. Moreover, what was the subject matter of writ petition is only a charge memo and the Writ Court has rightly concluded that the writ petition challenging the charge memo is not maintainable. Hence, we do not see any reason to interfere with the order of the Writ Court and the writ appeal is therefore dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) pm To 1.The Secretary, Government of Tamil Nadu, Cooperative Department, Fort St. George, Chennai.

2.The Registrar of Cooperative Societies, (Housing), 2/3

3.The Deputy Registrar of Cooperative, Societies(Housing), 4.The Special Officer, Thoothukudi Melur Cooperative Housing Society, Thoothukudi.

+1 CC to M/s.A.K.BASKARA PANDIYAN, Advocate ( SR-15599[F] dated 31/03/2022 ) +1 CC to M/s.SPL GP ( SR-15730[F] dated 31/03/2022 ) 30.03.2022 SVS(CO) KB(07.04.2022) 3P 7C 3/3