John Britto.S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.975 of 2023 and W.M.P.(MD).No.915 of 2023 S.John Britto ... Petitioner vs 1.The Managing Director, TamilNadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The District Manager, Tamilnadu State Marketing Corporation Limited, Dindigul Region, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certioarified Mandamus, to call for the records of the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No. 006/2018/C.V-4 dated 08.02.2019 which was confirmed by the first respondent in his proceedings Se.Mu.Na.Ka.No.1/4129/2019 dated 23.07.2019 and quash the same.

1/4

For Petitioner : Mr.P.Edin Brough For Respondents : Mr.H.Arumugam Standing Counsel

O R D E R

The instant writ petition has been filed by a Supervisor working in the TASMAC, challenged his order of dismissal dated 08.02.2019 passed by the 2nd respondent herein.

2. It is brought to the notice of this Court that the petitioner has challenged the same in W.P.No.(MD).7375 of 2019 and the same was dismissed as withdrawn on 14.06.2021.

3. According to the learned Counsel appearing for the writ petitioner, since the Chief Minister Special Cell has called for certain particulars from the TASMAC and the TASMAC authorities had informed that pending writ petition they could not take any decision, the petitioner was constrained to withdraw the said writ petition.

2/4

4. A perusal of the order passed in W.P.(MD).No.7375 of 2019 reveals that this Court has not granted any liberty to the writ petitioner or any right was reserved by the writ petitioner to revive the writ petition. Therefore, the present writ petition is not maintainable. However, the authorities are at liberty to consider the representations of the petitioner which were forwarded by the Chief Minister's Special Cell and they are at liberty to pass orders independently.

5. With the above said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4

R.VIJAYAKUMAR,J.

gvn To 1.The Managing Director, TamilNadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Gandhi Irwin Road, Egmore, Chennai-600 008.

2.The District Manager, Tamilnadu State Marketing Corporation Limited, Dindigul Region, Dindigul District.

W.P(MD)No.975 of 2023 02.12.2024 4/4