Madras High CourtWMP(MD)/13472/2023allowed

N.Sekar v. The President

2023-08-17Honourable Mr. Justice Battu Devanand3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Seventeenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND WMP(MD) No.13472 of 2023 IN WP(MD) No.4339 of 2018 N.SEKAR ... PETITIONER / PETITIONER Vs 1 THE PRESIDENT MEALTHIRUMANICKAM, USILAMPATTI, MADURAI DISTRICT. 2 THE PRESIDING OFFICER ... RESPONDENTS / RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set-aside the order passed in W.P.(MD).No.4339/2018 dated 25.03.2022, restore the main petition, and thus render justice Prayer in WP(MD). 4339/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 1st respondent dated 05.10.2017 issued based on the proceedings of the 2nd respondent dated 21.06.2017 and quash the same as 1/3

illegal and consequently reinstate the petitioner as the Secretary to M.D.(Pvt) 28, Mealthirumanickam Primary Agriculture Cooperative Debt Bank, with all benefits. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.O.S.KALAISELVAM, Advocate for the petitioner and of Mr.T.Ravichandran, Advocate on behalf of the 1st Respondent, the court made the following order:- Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.

2. On perusal of the averments made in the accompanying affidavit, in the considered opinion of this Court, it is appropriate to allow this petition by restoring the main writ petition.

3.Accordingly, this petition is allowed by setting aside the order dated 25.03.2022 and the writ petition is restored to file. Sd/- Assistant Registrar(CS I) // True Copy // /08/2023 Sub Assistant Registrar(CS) TO 1 THE PRESIDENT 2/3

2 THE PRESIDING OFFICER COPY TO:

THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATED : 17/08/2023 ==========================

ORDER

========================== WMP(MD) No.13472 of 2023 IN WP(MD) No.4339 of 2018 Giving direction and etc.

as stated within.

MK/29.08.2023 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3