M/S.Arun Motors, v. The Assistant Commissioner

Rev.Apl.W.(MD)No.126 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rev.Apl.W.(MD)No.126 of 2019 and W.M.P.(MD)No.19901 of 2019 The Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

... Petitioner Vs P.Ramakrishnan ... Respondent Prayer: Review Application is filed under Order XLVII, Rules 1 and 2 of the Civil Procedure Code r/w. Section 114 of Cr.P.C., to review the order dated 04.03.2019 in W.P(MD)No.5049 of 2019, passed by this Court.

Prayer in WP(MD). 5049/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondent i.e., the Commissioner of Agriculture, Chennai to dispose of the disciplinary action initiated against the petitioner in Memo No. Pa.O.Na.11(2)/ 221015/2002 dated 11.10.2003 by passing appropriate orders on merits and in accordance with law since all the process are already over and the petitioner has been suffering monetarily and mentally after his superannuation in the year 2003. For Petitioner : Mr.J.Gunaseelanmuthiah Additional Government Pleader For Respondent : Mr.S.Visvalingam

O R D E R

None appears for the review applicant as well as the sixth respondent. The learned Government Advocate (Crl. Side) appearing for the respondents 1 to 5 is present.

2.The respondent was employed as Agricultural Officer in the Agriculture Department of Tamilnadu.

He reached his superannuation on 31.12.2003. On the eve of his reaching the age of superannuation, he was issued with a charge memo dated 11.10.2003. According to the petitioner's counsel, enquiry is also over and that final orders remain to be passed. Since the final orders have not been passed his fate is still hanging in the balance as he is unable to receive the benefits. 3.He therefore filed W.P.(MD)No.5049 of 2019 for directing https://hcservices.ecourts.gov.in/hcservices/ 1/2

Rev.Apl.W.(MD)No.126 of 2019 the Commissioner of Agriculture, Chepauk to pass final orders. 4.The writ petition came up for admission on 04.03.2019. Since the prayer made in the writ petition was very limited, the writ petition was disposed at the admission stage itself after putting the learned Special Government Pleader on notice. 5.All that this Court had done was to the direct the Commissioner of Agriculture, Chepauk, to conclude the proceedings by passing orders within a period of eight weeks from the date of receipt of a copy of the order. It was made clear that no opinion on the merits of the matter has been expressed. This order of mine was passed as early as 04.03.2019. The counsel for the writ petitioner would state that till date final orders have not been passed instead a Review Application has been filed. 6.

The ground taken in the review application is that without affording opportunity a direction has been issued and that the writ petitioner had indulged in suppression of several material facts. None of the grounds set out in the review application appeal to me. I can only express my surprise that even in respect of an order of this nature, a review application has been filed. Instead of wasting their time and energy on filing this review application, it could have been better spent on complying with the order passed by this Court. 7.I find no ground to review. All the more so, because the writ petitioner as a senior citizen is entitled to know the outcome of the proceeding. The review application has been filed without any justification and the same stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) ias +1 CC to MR.S.VISVALINGAM, Advocate ( SR-96129[F] dated 05/11/2019 ) Rev.Apl.W.(MD)No.126 of 2019 05.11.2019 KM/(23.01.2020) 2P 2C https://hcservices.ecourts.gov.