Anand Raj v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P(MD)No.8463 of 2021 Anand Raj ... Petitioner Vs.

1.The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Government of Tamil Nadu, Fort St. George,Chennai - 600 009.

2.The Deputy Registrar (Dairying), 16/8, Sivaganga Road, Managiri, KK Nagar, Madurai - 625 020.

3.The Commissioner, Milk Production and Dairy Development Department, Madhavaram Milk Colony, Madhavaram, Chennai - 600 051.

4.Mr.Rajendra Balajai, Ex.Minister for Dairy Development, No.59, Sukirapatti Road, Thiruthangal, Virudhunagar District - 626 130.

5.The Director, Director of Vigilance & Anti Corruption, No.293, MKN Road, Alandur - 600 016.

6.The Deputy Superintendent of Police, Vigilance & Anti Corruption, No.1/165G, Alagar Kovil Main Road, Mellur, Ramaond Reserve Line, Race Course Colony, Madurai - 625 002.

7.Tmt.R.Janani Soundarya (Ex-Managing Director of Aavin) Now working as District Revenue Officer, Collectorate, Tenkasi - 627 811.

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8.The Managing Director, Aavin Milk Producer & Co-Operative Society, Sivagangai Road, Managiri, K.K.Nagar, Madurai.

9.K.Anbarasi 10.C.Rajapandian 11.R.RafiathulRahmania 12.R.Maharajan 13.Sathis Kumar 14.M.Palthambi 15.K.Veerakumarkarupaiya 16.A.Valarmathi 17.P.Viji Shalini 18.T.Balamurugan 19.M.Divya Bharathy 20.C.Jayarani 21.N.Srilakshmi Prabha 22.M.Naveen 23.S.Satheeskanth Jadeja 24.J.Vishnu 25.B.Mohan 26.A.Suresh 27.U.S.Irbhan Yasick 28.A.Ramar 29.K.Vishva Bharathi 30.SR.Asmitha 31.P.Bhavani 32.R.Solairaj 33.P.Subbulakshmi 34.P.Mahalakshmi 35.D.Linson 36.Janani Priya 37.T.Kanchana 38.M.Sundaragopi 39.K.Geetha Sundari 40.P.Krishnaveni 41.D.Ponnuthai 42.MP.Srilakshmi 43.P.Vijayakumar 44.S.Vinoth Kumar 45.S.Kavitha ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, declaring that the selection/appointment of the 9 to 45 respondents made by the 3rd respondent in pursuant to the advertisements published vide reference No.1/2019, dated 19.06.2019, No.2/2019, dated 19.06.2019 and No.3/2019, dated 19.06.2019 as null and void, illegal and unconstitutional as violating of Article 14 and 16 of the 2/5

Constitution of India and pass necessary consequential direction in that regard.

For Petitioner :

Mr.A.Sirajudeen, Senior Counsel for Mr.P.Ponraj For R1 to R3, :

Mr.Veerakathiravan, R5, R6 & R8 Standing Counsel for Government for Mr.A.K.Manickam Standing Counsel for Government For R4 :

Mr.Ajmalkhan Senior Counsel for Mr.Mahaboob Athiff For R7 :

Mr.E.Mareeskumar

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.A.Sirajudeen, learned Senior Counsel for Mr.P.Ponraj appearing for the petitioner, Mr.Veerakathiravan, learned Senior Standing Counsel for Government assisted by Mr.A.K.Maickam, learned Standing Counsel for Government appearing for R1 to R3, R5, R6 and R8, Mr.Ajmalkhan, learned Senior Counsel for Mr.Mahaboob Athiff for R4 and Mr.E.Marees Kumar, learned counsel appearing for R7. 3.The petitioner seeks for a Writ of Declaration, declaring that the selection/appointment of the respondents 9 to 45 made by the 3rd respondent in pursuant to the advertisements published vide reference No.1/2019, dated 19.06.2019, No.2/2019, dated 19.06.2019 and No.3/2019, dated 19.06.2019 as null and void, illegal and unconstitutional as in violation of Articles 14 and 16 of the Constitution of India.

4.It is brought to our notice that identical prayer was made in another Public Interest Litigation in W.P.[MD]No.3660 of 2021 and the Hon'ble First Bench of this Court by order dated 25.02.2021, dismissed the writ petition by the following order: "It is difficult to accept the petitioner's complaint pertaining to a recruitment process and the perceived irregularities in the conduct thereof. 2.In any event, the process has been completed and the official respondents indicate that appointments have been made in January, 2021.

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3.Since the matter pertains to the services of several individuals, the petitioner's grievance cannot be given much credence. However, the respondent authorities should cross-check the process and if any irregularities are found, remedial measures should be taken as expeditiously as possible. The petitioner's prayer for interfering with the process is declined in view of the appointments having already been made. 4.W.P.(MD)No.3660 of 2021 is dismissed. There will be no order as to costs."

5.In the light of the above, no further directions are required to be issued in this writ petition. The learned Senior Counsel appearing for the State submitted that already enquiry has been ordered under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. In any event, as per the observations made by the Hon'ble First Bench in the above order, it is always open to the authorities to cross check the process and if any irregularities are found, remedial measures shall be taken. The averments set out by the petitioner in the representation may also be taken note of. 6.With the above observations, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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 Secretary, Government of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

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2.

The Deputy Registrar (Dairying), 16/8, Sivaganga Road, Managiri, KK Nagar, Madurai - 625 020.

3.

The Commissioner, Milk Production and Dairy Development Department, Madhavaram Milk Colony, Madhavaram, Chennai - 600 051.

4.

The Director, Director of Vigilance & Anti Corruption, No.293, MKN Road, Alandur - 600 016.

5.

The Deputy Superintendent of Police, Vigilance & Anti Corruption, No.1/165G, Alagar Kovil Main Road, Mellur, Ramaond Reserve Line, Race Course Colony, Madurai - 625 002.

6.

The Managing Director, Aavin Milk Producer & Co-Operative Society, Sivagangai Road, Managiri, K.K.Nagar, Madurai.

ORDER MADE IN 01.07.2021 RC(13.07.2021) 5P 7C 5/5