A.Niruban Chakravarthi v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)Nos.17461,17463,16740,16742 & 16745 of 2019 and WMP(MD).Nos.13947,13948,13949, 13344,13343,13345,13346,13349 & 13350 of 2019 M.Manimaran ... Petitioner in WP(MD).No.17463/2019 A.Niruban Chakravarthi ...

Petitioner in WP(MD).

Nos.16740 & 17461/2019 M.Manimaran ... Petitioner in WP(MD).No.16742/2019 G.Subramaniyan ...

Petitioner in WP(MD).No.16745/2019 Vs.

1. The Director Tamil Nadu Milk Production and Development Madhavaram, Chennai- 51

2. The General Manager Dindigul District Co-Operative Milk Producer's Union Ltd Dindigul ... Respondents in all WP's PRAYER in W.P(MD)No.17461 & 17463 of 2019 : Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari and call for the records of the 2nd respondent in connection with the impugned order passed by him in REf.No.2772/EStt-1 / 2019 dated 26/07/2019 and quash the same. PRAYER in W.P(MD)Nos.16740/2019, 16742/2019 & 16745/2019 : Writ Petitions filed under Article 226 of the Constitution of India praying to call for the records of the 1st Respondent in connection with the impugned order passed by him in Na.Ka.No.10809/N.2/2019 dated 12.07.2019 and quash the same in so far as the Petitioner is concern.

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For Petitioner : Mr.S.Sivakumar (In all W.P(MDs) For Respondents : Mr. M.Murugan (In all W.P(MDs) Standing Counsel COMMON ORDER The petitioner namely A.Niruban Chakravathi, has filed W.P(MD) Nos.16740 and 17461 of 2019. The petitioner namely, M.Manimaran has filed W.P(MD) Nos.16742 and 17463 of 2019. The petitioner namely, G.Subramanian, has filed W.P(MD) No.16745 of 2019.

2. Since the issue raised in these writ petitions are one and the same, I am inclined to pass this common order.

3. Heard the learned counsel appearing for the petitioners and Mr.M.Murugan, learned standing counsel appearing for the respondents.

4. Earlier, these writ petitions came up before this Court for hearing. After advancing arguments, learned counsel appearing for the petitioners submitted that all the petitioners agreed to join in the transferred places, after December 2019.

5. Today, when the matters are taken up hearing, the learned counsel appearing for the petitioners has filed separate affidavits dated 13.08.2019.

6. The learned counsel for the petitioners further submitted that since the petitioners requested to work in the present station till December 2019 and thereafter, they are willing to join in the transferred station, the respondents may be directed to remove the portion relating to initiation of departmental action against the petitioners in the impugned order and they are ready to file separate affidavits to that effect.

7. Though the learned standing counsel appearing for the respondents has accepted the petitioners' request to work in the present station till December 2019 and thereafter, to join in the transferred station, he has objected for removal of portion relating to initiation of departmental action against the petitioners in the impugned orders.

8. On hearing the submissions of both sides and in view of the affidavits filed by the petitioners, this Court is of the view that no prejudice would be caused to the respondents to accept the petitioners' request to work in the present station till December 2/3

2019 and to join in the transferred station, after December 2019. Hence, the petitioners are directed to work in the present station till December 2019 and thereafter, they are directed to join in the respective transferred station. If the respondents wish to proceed any departmental enquiry against the petitioners, the same shall be proceeded in the manner known to law.

9. In fine,these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Director Tamil Nadu Milk Production and Development Madhavaram, Chennai- 51

2. The General Manager Dindigul District Co-Operative Milk Producer's Union Ltd Dindigul +3 CC to M/s.S.SIVAKUMAR, Advocate ( SR-81675[F] dated 14/08/2019 ) W.P(MD)Nos.17461,17463,16740, 16742 & 16745 of 2019 13.08.2019 aav JMN(20.08.2019) 3P : 6C 3/3