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Madras High CourtWP(MD)/24213/2017dismissed

P.Jeeva, v. The Commissioner

2018-03-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.24213 of 2017 and W.M.P(MD).Nos.20323 & 20324 of 2017 and Cont.P(MD).No.1972 of 2017 against WP(MD)No.11233 of 2008 P.JEEVA ... PETITIONER Vs.

1. THE COMMISSIONER AND DIRECTOR OF MOST BACKWARD & DENOTIFIED COMMUNITIES, EZHILAGAM, CHEPAUK, CHENNAI-05.

2. THE JOINT DIRECTOR, JOINT DIRECTOR OFFICE, KALLAR RECLAMATION, MADURAI-20.

MADURAI DISTRICT.

3. A.KARUPPASAMY ... RESPONDENTS PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order in Na.Ka.No.H8/18759/2007 dated 22.12.2017 on the file of the respondent no.2 and quash the same as illegal. A.KARUPPASAMY, S/O.C.AMMAVASAI THEVAR K.POOCHIPATTI, NAKKALAPATTI (PO), USILAMPATTI TALUK, MADURAI DISTRICT.

... PETITIONER IN CONT P(MD)No.1972/2017 Vs.

P.KUPPUSAMY, THE DISTRICT REVENUE OFFICER/JOINT DIRECTOR, OFFICE OF THE DISTRICT COLLECTOR, KALLAR RECLAMATION, MADURAI.

... RESPONDENT IN CONT P(MD)No.1972/2017

Prayer in CONT P(MD). 1972/ 2017 :

To punish the Contemnor/respondent herein for his wilful and wanton disobedience of the orders dated 24.2.2017 in W.P(MD) No.11233/2008 under the Contempt of Court Act and pass such other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 11233/ 2008 :

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 order of the 2nd respondent in ref.Na.Ka.No.H2/18759/07-4 dated 5.9.2008 and quash the same and consequently direct the respondents 1 and 2 herein to consider the petitioner for appointment to the post of Drawing Instructor in the Government Kallar High School.

For Petitioner : Mr.T.Lajapathi Roy in WP(MD)No.24213/2017 Mr.C.JEGANATHAN, in CONT P(MD)No.1972/2017 For Respondents : Mr.J.Gunaseelan Muthiah (for R1 & R2) Additional Government Pleader in WP(MD)No.24213/2017 and for Contemnor in CONT P(MD)No.1972/2017

ORDER

The petitioner questions the order dated 22.12.2017, whereby he has been called upon to respond as to why he should not be terminated from service. This writ petition is liable to be dismissed for two reasons. Firstly, the proceedings impugned in this writ petition is only a show cause notice. Secondly, it is only consequential to the earlier order passed by this Court in W.P.(MD).No.11233 of 2008, dated 24.02.2017. Therefore, leaving it open to the writ petitioner to work out his remedy in W.A(MD). No.SR48490 of 2017, this writ petition is dismissed. No costs. Cont.P(MD).No.1972 of 2017 is closed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar

To 1.The Commissioner and Director of Most backward & Denotified Communities, Ezhilagam, Chepauk, Chennai-05.

2.The Joint Director, Joint Director Office, Kallar Reclamation, Madurai-20, Madurai District.

+1. C.C. to M/S.VEERA ASSOCIATES, Advocate SR.No.53110. +1. C.C. to Special Government Pleader SR.No.53579. W.P(MD)No.24213 of 2017 and W.M.P(MD).Nos.20323 & 20324 of 2017 and Cont.P(MD).No.1972 of 2017 against WP(MD)No.11233 of 2008 rmk JAM/SKN:RSK/SAR-3/29.05.2018/2P/5C