Madras High CourtWP(MD)/13707/2021disposed of

Muthukumar Nicholas.J v. The Senior Regional Manager

2021-08-06Honourable Mr Justice D. Krishnakumar2 pages

W.P. No(MD).13707 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13707 of 2021 J.Muthukumar Nicholas ... Petitioner Vs.

1.The Senior Regional Manager, TASMAC Regional Office, Tamilnadu Civil Supplies Corporation, Door No.100, Anna Nagar, Madurai-625 020.

2.The District Manager, TASMAC, District Office, Tamilnadu Civil Supplies Corporation, Sipcot Complex, Thoothukudi-628 008. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the first respondent to dispose the petitioner's appeal dated 10.04.2021 within the time stipulated by this Court.

For Petitioner :

Mr.M.S.Mohamed Ayub For Respondents :

Mr. Jameel Arasu Standing Counsel

O R D E R

With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. According to the petitioner, there are allegations against him by the second respondent that he was involved in a criminal case under Sections 188, 269 of IPC and 4(1)(aa) and 14(A) of TNP Act wherein the petitioner was arrayed as the third accused. Based on the aforesaid criminal charges against the petitioner, the second respondent corporation had initiated action against him and without considering any explanation on the side of the petitioner, he was dismissed from service. Challenging the aforesaid dismissal order dated 03.12.2020, the petitioner has preferred an appeal before the first respondent dated 10.04.2021 and the same is pending. Therefore, he seeks disposal of the aforesaid appeal filed by him.

3. The learned Standing Counsel appearing for the respondents corporation submitted that for the aforesaid appeal said to have https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. No(MD).13707 of 2021 been filed on 10.04.2021, a receipt for having sent the appeal was enclosed in the typed set of papers but no acknowledgment has been enclosed in the typed set of papers.

4. In view of the above submissions, without expressing any opinion on merits, if the aforesaid appeal preferred by the petitioner is still pending before the first respondent, the said appeal shall be disposed of as expeditiously as possible within a period of 8 weeks from the date of receipt of a copy of this order, after providing an opportunity of being heard to the writ petitioner.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To 1.The Senior Regional Manager, TASMAC Regional Office, Tamilnadu Civil Supplies Corporation, Door No.100, Anna Nagar, Madurai-625 020.

2.The District Manager, TASMAC, District Office, Tamilnadu Civil Supplies Corporation, Sipcot Complex, Thoothukudi-628 008.

W.P.(MD).No.13707 of 2021 06.08.2021 MGJ(13.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2