Madras High CourtWP(MD)/7039/2024disposed of

Chandrasekara Pandian V v. The Secretary To Government

2024-03-21Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No .7039 of 2024 and WMP(MD) No.6523 of 2024 Chandrasekara Pandian V ... Petitioner Vs 1.The Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai.

2.The Commissioner, Chennai 600 034.

3.The Joint Commissioner, Dindigul Zone, Dindigul.

4.The Assistant Commissioner, Theni.

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5.The Inspector, Usilampatti, Madurai District.

6.The Executive Officer, Arulmigu Dharmasastha Thirukovil, Thimmarasanaickanur, Andipatti Taluk, Theni District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records to the Impugned order passed by the 3rd respondent made in Se.Mu.Na.Ka.No. 5046/2023-1/A4 dated 13.02.2024 and to quash the same.

For Petitioner :Mr.M.Chokkusamy Balasubramaniam For Respondents :Mr.P.Subba Raj Special Government Pleader

O R D E R

As against the order passed by the Joint Commissioner, under Section 53(2) of the HR & CE Act, 1959, on the charges made as against this petitioner, this writ petition is filed. 2/5

2.Today(21.03.2024), when this writ petition is taken up for admission, the learned Special Government Pleader appearing for the respondents submits that the petitioner is having a right of statutory appeal before the Commissioner under Section 53(5) (ii) of the HR & CE Act, 1959.

3.Since the petitioner is having an appeal remedy before the Commissioner and without invoking the same, the petitioner has filed this writ petitioner, this writ petition is disposed of with a liberty to the petitioner to file an appeal within a period of two weeks from the date of receipt of a copy of this order. On such filing of appeal, the Appellate Authority shall take into file and dispose of the same as expeditiously as possible. No costs. Consequently, connected Miscellaneous petition is closed.

21.03.2024 NCC: Yes/No Index:Yes Internet:Yes vrn 3/5

To 1.The Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai.

2.The Commissioner, Chennai 600 034.

3.The Joint Commissioner, Dindigul Zone, Dindigul.

4.The Assistant Commissioner, Theni.

5.The Inspector, Usilampatti, Madurai District.

6.The Executive Officer, Arulmigu Dharmasastha Thirukovil, Thimmarasanaickanur, Andipatti Taluk, Theni District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No .7039 of 2024 and WMP(MD) No.6523 of 2024 21.03.2024 5/5