Mathiyalagan D v. Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P(MD)No.6106 of 2025 D.Mathiyalagan ... Petitioner Vs.

1.The Government of Tamilnadu, Represented Through its Commissioner Cum Additional Chief Secretary, Department of Agriculture Production, Secretariat, Chennai - 600 009.

2.The Director, Department of Agriculture, Chepauk, Chennai - 600 005.

3.The Joint Director of Agriculture, Thiruvarur District, Thiruvarur.

4.The Assistant Director of Agriculture, 5.The Superintendent, Agriculture Extension Centre, 1/6

6.The Joint Director of Agriculture, Dindigul District, Dindigul.

7.The Assistant Director of Agriculture, Kujiliyamparai, Dindigul District.

8.Natesan Assistant Director of Agriculture, (Retired).

9.Deivendran, Agriculture Officer, Office of Assistant Director of Agriculture, 10.Thavamani, Deputy Agriculture Officer, Retired, Office of Assistant Director of Agriculture, 11.J.Vasuki, Superintendent.

Retired, Office of Agriculture Extension Centre, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the second respondent impugned Final Order in Chae.Mu.Aa.No.PaVoNa1/2/1769/2017, dated 10.01.2025 and delivered on 10.03.2025 and quash the same as devoid of merits and consequently directing 2/6

the second respondent to reinstate the petitioner by granting entire service benefits and for such other reliefs, within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R1 to R7 : Mr.P.Subbaraj Special Government Pleader

O R D E R

This writ petition has been filed against the order, dated 10.01.2025 and consequently directing the second respondent to reinstate the petitioner by granting entire service benefits and other reliefs.

2. As per the facts of the case, the petitioner, who was working as Deputy Agricultural Officer in the office of the Assistant Director of Agriculture, Kujiliyamparai, Dindigul District is subject to disciplinary enquiry and pursuant to the impugned order, dated 10.01.2025, the second respondent imposed a punishment of compulsory retirement. In the said order itself, it is stated that the petitioner has the right to file appeal within 60 days from the date of the order before the Commissioner, Agricultural Produce and Additional Chief Secretary to Government, Chennai. By following the same, the petitioner filed appeal before the appellate authority on 23.03.2025. Without waiting for the result of the appeal preferred by him, he filed this writ petition. 3/6

3. It is settled law that as and when alternative remedy of appeal is available and as already the petitioner exhausted the remedy of appeal, in my considered view, this writ petition is not maintainable.

4. Accordingly, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 25.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Commissioner Cum Additional Chief Secretary, Department of Agriculture Production, Secretariat, Chennai - 600 009.

2.The Director, Department of Agriculture, Chepauk, Chennai - 600 005.

4/6

3.The Joint Director of Agriculture, Thiruvarur District, Thiruvarur.

4.The Assistant Director of Agriculture, 5.The Superintendent, Agriculture Extension Centre, 6.The Joint Director of Agriculture, Dindigul District, Dindigul.

7.The Assistant Director of Agriculture, Kujiliyamparai, Dindigul District.

5/6

BATTU DEVANAND , J.

Sn 25.03.2025 6/6