M.Karunakaran v. The Director Of Horticulture

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM M.Karunakaran (Deputy Horticulture Officer Chathirakudi Suspension) No.39/1 Karuvepillaikarar Street.

Velipattinam Post, Ramnad ... Petitioner Vs

1. The Director of Horticulture and Plantation Crops Department, 2nd Floor, Directorate of Agriculture, Ezhilagam, Chepauk, Chennai.

2. The Deputy Director Horticulture Department, O/o. Collectorate, Ramnad.

3. Kishore Kumar, The Deputy Director, Horticulture Department, O/o. Collectorate, Ramnad.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in A1/1541/2019 dated 24/04/2019 and quash the same and with a consequential direction directing the respondents to reinstate the petitioner into service. To The Deputy Director, Horticulture Department, O/o. Collectorate, 1/3

Through The Principal District Judge, Whereas upon this day the Hon`ble Court while hearing the matter has passed an order as follows:

Pursuant to the judicial order of this Court, the Chief Secretary to Government of Tamil Nadu has issued a circular to all the departments, directing them to file counter affidavit in all Writ Petitions within a period of 90 days. The High Court rules were also amended and even in the notice, it has been stated that counter affidavit is to be filed within a period of 90 days.

2.Since this Writ Petition was filed in the year 2019, the respondents have not filed counter affidavit for more than 3 years. Thus, the second respondent / The Deputy Director, Horticulture Department, Office of Collectorate, Ramnad is directed to be present before this Court along with files at 10.30 a.m., on 11.02.2022 and explain why he has not filed counter affidavit for more than 3 years in the present Writ Petition and further he is directed to file counter affidavit in the present case.

3.The learned Special Government Pleader is directed to inform this order to the second respondent immediately by today (08.02.2022) itself over phone or through electronic mode of communication.

4.Post this matter on 11.02.2022 under the caption "for orders".

Whereas it is expedient in the interest of justice that the personal appearance of the aforesaid person is necessary before the Madurai Bench of Madras High Court, Madurai along with files at 10.30 A.M on 11/02/2022 and explain why he has not filed counter affidavit for more than 3 years in the present Writ Petition and further he is directed to file counter affidavit in the present case.

In this connection you, namely 2/3

The Deputy Director, Horticulture Department, O/o. Collectorate, be and hereby is directed to appear in person before the Madurai Bench of Madras High Court, Madurai at 10.30 a.m on 11/02/2022 (i.e on Friday the Eleventh day of February Two Thousand and Twenty Two). HEREIN FAIL NOT, WITNESS The Hon`ble Mr. Justice MUNISHWAR NATH BHANDARI, The Acting Chief Justice of the High Court of Judicature at Madras on 08/02/2022 (i.e on Tuesday the Eighth day of February Two Thousand and Twenty Two).

ASSISTANT REGISTRAR(AD-II) Copy to :- THE SPECIAL GOVERNMENT PLEADER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATED : 08/02/2022 HEARING DATE : 11/02/2022 ========================== SUMMONS ========================== se(CO) TR(08.02.2022) 3P 4C 3/3