Arockiasamy v. The Post Master General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A(MD) No.1213 of 2017 and C.M.P.(MD)No.8539 of 2017 Arockiasamy ... Appellant/petitioner -vs1.The Post Master General, Madurai Region, B.B.Kulam, Madurai & District.

2.The Superintendent of Post Office, Dindigul Head Post Office, Dindigul District.

3.A.Sivaperumal

...Respondents/Respondents

(R3 is impleaded vide Court order dated 30.11.2016 in W.P.(MD)No.20357 of 2016) PRAYER: Writ Appeal is filed under Clause 15 of Letters Patents Act, to set aside the order dated 02.12.2016 in W.P.(MD) No.20357 of 2016 passed by this Court.

Prayer in WP(MD). 20357/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified mandamus to call for records relating to the impugned order passed by the 2nd respondent in No.F1/13/1314/C1/283712/287276, dated at Dindigul-624 001, the 12.08.2016 and quash the same as illegal and consequently direct the respondents to disburse the amount deposited by the petitioner in Account Nos.283712 and 287276 at Sub Post office, Sirunayakenpatty. For Appellant :

Mr.Arul Jenifer For R1 & R2 :

Mr.N.Shanmugaselvam For R3 :

Mr.M.Suresh

JUDGMENT

[Judgment of the Court was delivered by M.M.SUNDRESH, J.] The grievances of the appellant appears to be with respect of non payment of deposit made. It is submitted by both appellant counsel as well as counsel appearing for the respondents 1 and 2 https://hcservices.ecourts.gov.in/hcservices/

that due amount has been paid. Though the grievance with respect to interest will remains,the learned counsel for the appellant would submit that there are other similarly placed person and they have also not been paid and other aggrieved persons are not before this Court.

2.The grievance of the appellant is substantially answered. The question as to whether the interest if any except the due amount, is liable to be paid or not, is a different issue. The appellant can seek appropriate remedy with respect to the same in a independent proceedings.

3.With the above observation, this writ appeal stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Post Master General, Madurai Region, B.B.Kulam, Madurai & District.

2.The Superintendent of Post Office, Dindigul Head Post Office, Dindigul District. +1cc to M/S.ARUL JENIFER, Advocate SR.No.79715 +1cc to M/S.N.SHANMUGA SELVAM, Advocate SR.No.79501 cp/am MAS/KK/SAR2:26.09.2017:2P-5C W.A(MD) No.1213 of 2017 15.09.2017 https://hcservices.ecourts.gov.in/hcservices/