Madras High CourtWP(MD)/17137/2016dismissed

K.Sadhasivam, S/O.A.Kodiyan v. The Principal District Judge,

2016-10-17Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU Writ Petition (MD)No.17137 of 2016 K.Sadhasivam ... Petitioner Vs.

The Principal District Judge, Thoothukudi District, Thoothukudi.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pass final orders on the departmental proceedings pending against the petitioner herein pursuant to the charge memo in Departmental Enquiry No.3 of 2012, dated 31.08.2012 within the time frame as fixed by this Court. For Petitioner : Mr.R.V.Rajkumar For Respondent : Mr.Pala Ramasamy

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN,J.) The grievance expressed by the petitioner is that in respect of second show cause notice, he has offered his explanation, despite that, no final order has been passed and hence, he came forward to file this writ petition.

2. When the matter was listed on 09.09.2016, this Court has posted the matter for orders and accordingly, it is listed today and the learned counsel appearing for the respondent would submit that the Principal District Judge, Thoothukudi, vide proceedings in D.No.5143/A1/2016, dated 16.09.2016, has passed the final orders, retiring him compulsorily with effect from 15.09.2016 and as such, nothing survives for adjudication in this writ petition.

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3. The learned counsel appearing for the petitioner in response to the said submission, sought liberty to challenge the said proceedings. Accordingly, the writ petition is dismissed as infructuous and the petitioner is at liberty to challenge the proceedings of the Principal District Judge, Thoothukudi, dated 16.09.2016, in accordance with law, before the competent forum. There will be no order as to costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To The Principal District Judge, Thoothukudi District, Thoothukudi.

+1 cc to Mr.Pala Ramasamy, Advocate in SR No.60911 +1 cc to Mr.R.V.Rajkumar, Advocate in SR No.60881 Writ Petition (MD)No.17137 of 2016 17.10.2016 AKV ANR/EM-MPA/04.11.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/