Madras High CourtWP(MD)/16689/2025allowed

K.Mujibur Rahman v. The Superintending Engineer,

2025-07-30Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.16689 of 2025 and W.M.P(MD) No.12654 of 2025 K.Mujibur Rahman ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Near Mani Mandabam, Thanjavur 613 007.

2.The Executive Engineer,, TANGEDCO Urban, Old Collectorate Road, Thanjavur 613 001.

3.The Assistant Divisional Engineer, TANGEDCO, Nilagiri, Thanjavur 610 004.

4.The Assistant Engineer, TANGEDCO, Nilagiri, Thanjavur 613 004.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent impugned order, dated 06.06.2025 in Letter No.U.Mi.Po/E.Para/Nilagiri/Co./A.No.59/2025 quash the same as illegal and 1/5

without jurisdiction and consequentially forbear 4th respondent from in any manner levying, demanding and collecting any amount based on Audit slip No. 140 dated 22.06.2013 for service connection No.401-001-1314 in view of the report submitted by the 1st respondent in Letter No.MePo/Tha.Mi.Pa.Va/Thanjai/ThuNi.Ka.A/Ka.A/Varu/Thanikai/Co.Thanikai/ No.235/dated 08.12.2021.

For Petitioner : Mr.P.Vadivel For Respondents : Mr.M.Viji for Mr.K.Nagarajan, Standing Counsel

ORDER

This Writ Petition has been filed challenging the order passed by the 4th respondent, dated 06.06.2025 in Letter No.U.Mi.Po/E.Para/Nilagiri/Co./A.No. 59/2025.

2. This is the second round of litigation before this Court. Earlier the petitioner had approached this Court in W.P(MD) No.22402 of 2021, seeking a mandamus to consider the petitioner's representation, dated 27.08.2018 and 29.04.2021 respectively and to cancel the order of the third respondent, namely the Assistant Audit Officer in Audit Slip No.140, dated 22.06.2013. 2/5

3. During the pendency of the Writ Petition in W.P(MD) No.22402 of 2021, an order came to be passed on 08.12.2021 by the first respondent, wherein the first respondent had recommended to drop the proceeding based on the audit objection. Despite the same, the impugned order has been passed by the fourth respondent on 06.06.2025.

4. Since already a decision has been taken by the superior authority, namely the 1st respondent / Superintendent Engineer, TANGEDCO, vide a proceeding, dated 08.12.2021 to drop the proceeding, the impugned order of the fourth respondent, dated 06.06.2025 is unsustainable. Hence, the impugned order passed by the fourth respondent, dated 06.06.2025, is liable to be quashed. Accordingly, this Writ Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

30.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/5

1.The Superintending Engineer, TANGEDCO, Near Mani Mandabam, Thanjavur 613 007.

2.The Executive Engineer,, TANGEDCO Urban, Old Collectorate Road, Thanjavur 613 001.

3.The Assistant Divisional Engineer, TANGEDCO, Nilagiri, Thanjavur 610 004.

4.The Assistant Engineer, TANGEDCO, Nilagiri, Thanjavur 613 004.

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C.SARAVANAN, J.

Indu W.P(MD) No.16689 of 2025 30.07.2025 5/5