Venkatesh v. The Registrar General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Venkatesh : Petitioner Vs.

1.The Registrar General, High Court, Madras.

2.The learned Principal District Judge, Dindigul District Court, Dindigul.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the second respondent herein to forward the memorandum of grounds of appeal filed as against the order passed by the second respondent 1/6

in D.P.No.05/2020 dated 30.11.2021 to the first respondent herein within a time frame as stipulated by this Court. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.M.Mahaboob Athiff Standing Counsel

O R D E R

************ [Order of the Court was made by R.SURESH KUMAR, J.] The petitioner was an employee, working as a Junior Assistant at the Additional District Munsif cum Judicial Magistrate Court, Vedasandur, Dindigul District. In respect of a disciplinary proceedings which ended against him, he was relieved from service on compulsorily retirement. As against the said order of punishment, he had move an appeal before the first respondent directly. Therefore, the first respondent has returned the memorandum of appeal, to forward the same through proper channel ie., through the second respondent, to whom the writ petitioner has also subsequently given his memorandum of appeal on 14.03.2023.

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2.Therefore, it is the grievance of the petitioner that the said memorandum of appeal be immediately forwarded to the first respondent for consideration, for which, such a Mandamus is sought for in this writ petition.

3.Heard Mr.S.Sarvagan Prabhu, learned Counsel appearing for the petitioner and Mr.M.Mahaboob Athiff, learned Standing Counsel appearing for the respondents. 4.Learned Standing Counsel for the respondents would submit that, though it was submitted on 14.03.2023, subsequently further clarification has been sought for by the second respondent, which has been complied with and therefore, there is a delay. He further submitted that the memorandum of appeal of the petitioner would be forwarded to the first respondent atleast within a period of two [2] weeks.

5.Therefore, there is a direction to the second respondent to forward the memorandum of appeal of the petitioner to the first respondent within a period of two [2] weeks from the date of receipt of a copy of this order without fail. 3/6

6.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. [R.S.K.,J.] & [G.A.M.,J.] 15.04.2024 Index : Yes/No Internet : Yes/No MR Note: Issue a copy of this order by 15.04.2024. 4/6

To 1.The Registrar General, High Court, Madras.

2.The learned Principal District Judge, Dindigul District Court, Dindigul.

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R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

MR ORDER MADE IN 15.04.2024 6/6