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Madras High CourtWP(MD)/5079/2020closed

T.Thangamariappan v. The District Educational Officer

2022-01-12Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.5079 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.5079 of 2020 and W.M.P.(MD)No.4421 of 2020 T.Thangamariappan ... Petitioner versus

1. The District Educational Officer, Kovilpatti, Thoothukudi District, Thoothukudi.

2. The Block Educational Officer, Vilathikulam, Thoothukudi District - 628 907.

3. The Secretary, Hindu Nadar Middle School, Kulathur, Vilathikulam Taluk, Thoothukudi District - 628 903.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent in connection with the impugned order of suspension passed by him in his proceedings in No.6/2020 dated 29.02.2020 and quash the same as illegal and arbitrary and consequently, direct the respondents to reinstate the petitioner in service in the third respondent School within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For R1 and R2 : Mr.J.Ashok, Additional Government Pleader For R3 : Mr.Jerin Mathew

ORDER

This writ petition is filed challenging the order of suspension dated 29.02.2020 passed by the third respondent.

2. Today, when the writ petition is taken up for hearing, Mr.Jerin Mathew, learned counsel appearing for the third respondent submits that the impugned order of suspension dated 29.02.2020 has already been revoked as per the order of interim stay passed by this Court, vide order dated 10.03.2020. However, he submits that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.5079 of 2020 petitioner has not co-operated for the enquiry, which has been contemplated as against him.

3. Since the writ petition is filed as against the order of suspension dated 29.02.2020 and the same has also been revoked by the third respondent, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is closed. It is always open to the petitioner to work out his remedy with regard to other relief in manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Educational Officer, Kovilpatti, Thoothukudi District, Thoothukudi.

2. The Block Educational Officer, Vilathikulam, Thoothukudi District - 628 907.

3. The Secretary, Hindu Nadar Middle School, Kulathur, Vilathikulam Taluk, Thoothukudi District - 628 903.

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-1554[F] dated 12/01/2022 ) +1 CC to M/s.SPL.GP ( SR-1740[F] dated 19/01/2022 ) W.P(MD)No.5079 of 2020 12.01.2022 RD(08.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2