Aykoteraja, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.17626 of 2022 and W.M.P(MD)No.12844 of 2022 Aykoteraja ... Petitioner /vs./ 1.The State of Tamilnadu, Represented by its Secretary, Department of Transport, St.George Fort, Secretariat, Chennai.
2.The Managing Director, Tamilnadu Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
3.The General Manager, Tamilnadu Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned 1/5
orders passed by the third respondent in No.4487-Sa20-ONaPi-ThaAPooKaThiLi-14-1, dated 25.10.2014 and subsequent order passed by the second respondent in Ka.No.4487-Sa20-ONaPi-ThaAPooKa-ThiLi-2014-1, dated 28.06.2022 and quash the same as illegal.
For Petitioner : Mr.S.Chellapandian For R-1 : Mr.M.Siddharthan Additional Government Pleader For R-2 & R-3 : Mr.D.Jebaraj Standing Counsel
ORDER
The order of punishment, dated 25.10.2014, passed by the General Manager / third respondent herein came to be challenged by the writ petitioner before the Government. It is seen that through a letter, dated 28.06.2022, the respondents have informed that the appeal has already been rejected on the ground that, it is barred by limitation. If that be so, the proper remedy available to the petitioner would be to challenge the order passed by the appellate authority and this Court may not be justified in dealing with the original order of punishment alone. At this juncture, the learned Counsel for the petitioner submitted that the order of the rejection by the appellate authority has not been 2/5
served on them.
2. Per contra, the learned Standing Counsel for the second respondent Corporation submitted that the letter, dated 28.06.2022, has already been marked to the petitioner also. In case, the petitioner requires the copy of the rejection order of the appellate authority, it was open to the first respondent seeking for a copy and when such a request is made, the first respondent shall serve a copy of the rejection order as expeditiously as possible.
3. With the above said observations, the writ petition stands closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
05.08.2022 Index : Yes / No Internet : Yes / No btr/TM 3/5
To 1.The Secretary, The State of Tamilnadu, Department of Transport, St.George Fort, Secretariat, Chennai.
2.The Managing Director, Tamilnadu Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
3.The General Manager, Tamilnadu Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.
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M.S.RAMESH, J.
btr/TM Order made in W.P.(MD)No.17626 of 2022 Dated:
05.08.2022 5/5