Madras High CourtWP(MD)/15614/2016disposed of

A.M.Sekar, Secretary v. The Senior Branch Manager

2018-08-01Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No. 15614 of 2016 and W.M.P(MD) Nos.11480,11481 and 11482 of 2016 A.M.Sekar ... Petitioner vs.

1. The Senior Branch Manager Bank of India 27, Sivankoil North Street Sivagangai- 630 561

2. R.M. Kasi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the impugned proceedings/letter of the first respondent 8160/SVG/SSK/151 dated 23.09.2015 and quash the same and consequently forbear the respondents from in any way freezing the accounts of the petitioner schools.

For Petitioner :

Mr.R.Devaraj For Respondents :

Mr.Pala Ramasamy for R1 Mr.A.K.Manickam for R2

O R D E R

In view of the fact that the earlier writ petition in W.P(MD) No. 169 of 2016 has been withdrawn by the petitioner on 01.04.2016 without seeking for liberty to file a fresh writ petition , the present writ petition is not maintainable in view of the various judgments of the Honourable Supreme Court and the order of the Honourable Division Bench of this Court dated 08.06.2011 passed in P.Shanmugam -vs- The Registrar General and other which had elaborately dealt with the issues had laid down the law stating that the writ petition for the same relief cannot be maintained if the earlier petition was dismissed without granting liberty to the petitioner to file a fresh writ petition.

2. At this juncture, the learned counsel for the petitioner submitted that sympathetic consideration can be taken and if a direction is given to the third respondent consider his representation ventilating his grievances, the petitioner would be satisfied.

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3. In my view even such a positive direction cannot be granted in view of the fact that this writ petition is dismissed as not

maintainable. Nevertheless liberty is granted to the petitioner to file a fresh writ petition seeking for a direction to the respondent to consider his representation.

4. With the above directions, this writ petition is dismissed.

No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-III) To +1cc to M/S.R.Devaraj, Advocate SR.No. 76822 +1cc to M/S.Pala Ramasamy, Advocate SR.No. 77077 +1cc to M/S.A.K.Manickam, Advocate SR.No. 76356 W.P.(MD) No. 15614 of 2016 and W.M.P(MD) Nos.11480,11481 and 11482 of 2016 01.08.2018 aav JM/SKN RSK/SAR 3/10.08.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/