Madras High CourtWP(MD)/1370/2019dismissed

V.Kanaga Prasad, v. The Accountant General(A&E)

2023-04-21Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.04.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.1370 of 2019 and W.M.P.(MD).No.1183 of 2019 V.Kanaga Prasad ... Petitioner Vs.

1.The Accountant General (A & E), Office of the Accountant General, 361, Anna Salai, Chennai-18.

2.The Director of Collegiate Education, Office of the Director of Collegiate Education, College Road, Chennai.

3.The Joint Director of Collegiate Education, Office of the Regional Collegiate Education, Gandhi Nagar, Tenkasi Road, Tirunelveli-8.

4.The Secretary, Kamaraj College, Tiruchendur Road, Thoothukudi.

5.The District Treasury Officer, Collectors Campus, Corampallam, Thoothukudi.

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6.The Registrar, Manonmaniam Sundaranar University, Abishegapatty, Tirunelveli.

7.Kandasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 6 to initiate Disciplinary Action immediately, against the 7th respondent well before the date of his retirement on 01.02.2019 or on any subsequent date, and not to allow his to retire and to secure the cheated amount of the petitioner a sum of Rupees 15 lakhs out of his retiral benefits.

For Petitioner : Mr.G.Prabhu Raja Durai for Mr.S.Loganathan For Respondents : Mr.P.Gunasekaran for R1 : Mr.V.Om.Prakash Government Advocate for R2, R3 & R5 : Mr.Anwar Sameem for R4 : Mr.Mohamed Rafic for M/s.Ajmal Associates for R6 : Mr.K.Ragatheesh Kumar for R7 2/6

ORDER

This writ petition has been filed for a mandamus to direct the respondents 1 to 6 to initiate disciplinary action against the 7th respondent well before the date of his retirement on 01.02.2019 or on any subsequent date, and not to allow him to retire from service and to secure the amount alleged to have been cheated by the petitioner i.e., a sum of Rs.15 lakhs.

2. On the very face of it, the prayer is not maintainable. The petitioner is converting the writ jurisdiction provided under Article 226 of the Constitution of India as a "suit" and this kind of petitions cannot be entertained. In the earlier occasion, a chance was granted to the petitioner and the seventh respondent, whether, they are willing to go for mediation.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the seventh respondent submitted that he is not willing to go for mediation since he never ever received any amount from the petitioner. 3/6

4. Considering the facts and circumstances of this case, the petitioner is liberty to pursue the remedy available as per law. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

21.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sbn 4/6

To 1.The Accountant General (A & E), Office of the Accountant General, 361, Anna Salai, Chennai-18.