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Madras High CourtWP(MD)/8966/2021dismissed

Giridharan.G v. The Managing Director

2021-04-30Honourable Ms.Justice V.M.Velumani2 pages

W.P(MD)No.8966 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD)No.8966 of 2021 and W.M.P(MD)No.6757 of 2021 G.Giridharan ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Branch, Thanjavur District.

3.Nalini, The Superintendent, Tamil Nadu State Transport Corporation Limited, Kumbakonam Limited, Kumbakonam Division, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned proceedings issued by the second respondent in TNSTC/KUM/DS-1919/DCC055/D10-126/2021, dated 11.03.2021 and quash the same.

For Petitioner : Mr.C.Jeganathan For RR 1 & 2 : Mr.Balasubramanian

ORDER

This Writ Petition is filed seeking for a Writ of Certiorari, to quash the impugned proceedings issued by the second respondent in TNSTC/KUM/DS-1919/DCC055/D10-126/2021, dated 11.03.2021. 2.When the matter is taken up for hearing today, Mr.Balasubramaniam, learned counsel appearing for the respondents 1 and 2 submitted that the petitioner has an alternative appeal remedy and it is for him to file an Appeal and prayed for dismissal of the Writ Petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8966 of 2021 3.Considering the fact that against the order passed by the second respondent, appeal remedy is available and without exhausting the appeal remedy, the petitioner has straight away approached this Court by way of filing the present Writ Petition. Hence, this Writ Petition is not maintainable and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. It is open to the petitioner to file appeal, if he is so advised. No costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Branch, Thanjavur District.

W.P(MD)No.8966 of 2021 30.04.2021 SR(CO) KB(13.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2