A.K.Akilandeswar, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI A.K.Akilandeswar ... Petitioner -Vs1. The Secretary to Government of Tamil Nadu, Tourism, Culture and Religious Endowments Department, Secretariat, St.Fort George, Chennai-600 009.

2. The Commissioner, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034.

3. The Joint Commissioner, Thanjavur.

4. The Joint Commissioner, Sivagangai.

5. The Assistant Commissioner, Paramakudi, Ramanathapuram District.

6. The Principal Accountant General, (Accounts and Entitlements) Tamil Nadu, 361, Anna Salai, Chennai-600 018.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned proceedings in Na.Ka.No.62903/2015/ltd 13/, dated 13.05.2019 issued by the first respondent herein and quash the same.

For Petitioner : Mr.S.Manikandan For R1 to R5 : Mr.V.R.Shanmuganathan, Special Government Pleader.

(*)For R6 : Mr.P.Gunasekaran 1/3

ORDER

The order of the first respondent dated 13.05.2019, directing the fourth respondent to recover the amount from the petitioner, as per the order passed in the surcharge proceedings, is sought to be quashed in the Writ Petition.

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 5 and perused the materials available on record carefully. 3.This Court, by the order dated 03.10.2019, has allowed the Writ Petition in W.P.(MD)No.12413 of 2019 filed by the petitioner to set aside the order passed in surcharge proceedings, which was confirmed in the Writ Appeal. In view of the same, the order passed in the surcharge proceedings is no longer in force. Therefore, the impugned order dated 13.05.2019, directing the fourth respondent to recover the amount from the petitioner, is invalid. Therefore, the impugned order of the first respondent, dated 13.05.2019, is set aside.

4.For the above reasons, this Writ Petition stands allowed. No costs.

Sd/- Assistant Registrar (CS-III) (*) Amended as per order of this Hon'ble Court dated 29.11.2019 Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To (*) to be substituted the order already despatched on 12.11.2019

1. The Secretary to Government of Tamil Nadu, Tourism, Culture and Religious Endowments Department, Secretariat, St.Fort George, Chennai-600 009.

2. The Commissioner, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai-600 034. 2/3

3. The Joint Commissioner, Thanjavur.

4.The Joint Commissioner, Sivagangai.

5.The Assistant Commissioner, Paramakudi, Ramanathapuram District.

+1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-94580[F] dated 25/10/2019 ) W.P.(MD)No.13941 of 2019 25.10.2019 MYR MK (11.11.2019) 3P 7C TR (10.12.2019) 3P 7C 3/3