Madras High CourtWP(MD)/7066/2018disposed of

K.Muthumuniyandi, v. The State Of Tamil Nadu

2023-02-22Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.7066 of 2018 and WMP(MD) No.6756 of 2018 K.Muthumuniyandi ... Petitioner -vs1.The State of Tamil Nadu rep. By its Secretary, Rural Development and Panchayatraj Department Chennai 600 009.

2.The Director, Commissionerate of Rural Development and Panchayatraj Panagal Building, 4th and 5th floor, Jeenis Road, Saidapet, Chennai.

3.The District Collector, Madurai District, Madurai.

4.The District Collector, Virudhunagar District Virudhunagar ... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified mandamus to call for the records pertaining to the impugned order of the 3rd respondent in R.O.C.No. 128583/2005/RD5 dated 28.02.2018 and quash the same as being illegal, arbitrary and unconstitutional and consequently direct the respondents to drop the departmental proceedings due to its prolonged pendency for more than 17 years.

For Petitioner :

Mr.S.Balakarthick For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

The petitioner challenges the impugned order of the 3rd respondent dated 28.02.2018 and for a consequential direction to the respondents to drop the departmental proceedings due to its prolonged pendency for more than 17 years.

2.The learned counsel for the petitioner would submit that the petitioner filed this writ petition challenging the show cause notice issued under Section 17(c) of the Tamil Nadu Civil Services (Discipline and

Appeal) Rules. However, it is submitted by the learned Special Government Pleader that during the pendency of the writ petition, a final order has been passed by the respondents on 15.05.2018. Hence, nothing survives for adjudication in this writ petition. Accordingly, this writ petition is dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law. No costs. Consequently connected Miscellaneous Petition is closed.

22.02.2023 NCC : Yes/No Index : Yes/No RR

To 1.The Secretary, Rural Development and Panchayatraj Department Chennai 600 009.

2.The Director, Commissionerate of Rural Development and Panchayatraj Panagal Building, 4th and 5th floor, Jeenis Road, Saidapet, Chennai.

3.The District Collector, Madurai District, Madurai.

4.The District Collector, Virudhunagar District Virudhunagar

M.DHANDAPANI, J.

RR 22.02.2023