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Madras High CourtWP(MD)/6829/2026disposed of

Krishnan Vm v. The State Of Tamil Nadu Represented By Its Secretary To Government

2026-03-18Honourable Mr.Justice Mummineni Sudheer Kumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.03.2026

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P(MD)Nos.5654 & 5656 of 2026 V.M.Krishnan, ... Petitioner Vs.

1.The State of Tamilnadu, Rep by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-6.

2.The Director, Public Health and preventive medicine Department, DMS Complex, Teynampet, Chennai-6.

3.The Commissioner, Food Safety and Drug Administration, Chennai.

4.The Accountant General(A&E) 361, Anna Salai, Teynampet, Chennai-18.

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5.The Designated Officer, Food Safety and Drug Administration, Tirunelveli District.

6.The District Treasury Officer, District Treasury, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating the impugned order passed by the 4th respondent No.Eo8/3/10833294/ADK/815 dated 12.01.2026 and the consequential recovery order issued by the 5th respondent proceedings vide No. Na.Ka. No.7168/A1/2025/FSD dated 04.11.2025 and further all consequential order and to quash the same and consequently directing the respondents to restore the scale of pay of the petitioner with salary benefits from the date of initial appointment. For Petitioner : Mr.G.Sailendrababu For Respondents : Mr.S.Shaji Bino -R1 to R3, R5 & R6 Special Government Pleader

ORDER

This writ petition has been filed seeking a writ of Certiorarified Mandamus calling for the records relating the impugned 2/7

order passed by the 4th respondent No.Eo8/3/10833294/ADK/815 dated 12.01.2026 and the consequential recovery order issued by the 5th respondent proceedings vide No. Na.Ka. No.7168/A1/2025/FSD dated 04.11.2025 and further all consequential order and to quash the same and consequently directing the respondents to restore the scale of pay of the petitioner with salary benefits from the date of initial appointment.

2. When the matter came up for consideration before this Court for admission on 13.03.2026, this Court, after having take a note of the fact that the impugned proceedings appears to have been issued in violation of the principles of natural justice and passed the following docket order :

"Mr.S.Shaji Bino, learned Special Government Pleader, takes notice for the first to third, fifth and sixth respondents and seeks time to get instructions.

2. Prima facie, it appears that the impugned proceedings have been issued in violation of the principles of natural justice, thereby adversely affecting the interest of 3/7

the petitioner.

3. Hence, post the matter on 16.03.2026 under the caption "For Orders".

3. Today, when the matter is taken up for consideration, Mr.S.Shaji Bino, learned Special Government Pleader, appearing for the respondents 1 to 3, 5 & 6 fairly submitted that the impugned proceedings have been issued without affording an opportunity to the petitioner and the same would adversely affect the interest of petitioner including financially.

4. In the light of the above, the impugned proceedings cannot be sustained for want of compliance with the principles of natural justice, and accordingly, the impugned proceedings passed by the 4th respondent dated 12.01.2026 and the consequential recovery order issued by the 5th respondent dated 04.11.2025 are hereby quashed solely on the ground of violation of principles of natural justice, leaving it open to the respondents to take appropriate steps in accordance with law. The 4/7

amounts, if any, recovered pursuant to the impugned proceedings shall be forthwith refunded to the petitioner.

5. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 18.03.2026 Index : Yes / No Internet : Yes / No RM 5/7

To 1.The State of Tamilnadu, Rep by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-6.

2.The Director, Public Health and preventive medicine Department, DMS Complex, Teynampet, Chennai-6.

3.The Commissioner, Food Safety and Drug Administration, Chennai.

4.The Accountant General(A&E) 361, Anna Salai, Teynampet, Chennai-18.

5.The Designated Officer, Food Safety and Drug Administration, Tirunelveli District.

6.The District Treasury Officer, District Treasury, Tirunelveli District 6/7

MUMMINENI SUDHEER KUMAR , J.

RM 18.03.2026 7/7