Madras High CourtWP(MD)/5899/2016dismissed

V.Saravanaraja,S/O Vellaidurai v. The Chief Executive Officer,

2016-03-24Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5899 of 2016 V.Saravanaraja ... Petitioner Vs.

1. The Chief Executive Officer, Khadi and Village Industries Board, Kuralagam, Chennai.

2. The Regional Deputy Director, Khadi and Village Industries, Madurai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to include the petitioner's name in the panel list for promotion to the post of Assistant Director and to promote him as Assistant Director in Khadi and Village Industries, based upon the petitioner's representation dated 30.03.2015.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.G.Karnan

ORDER

This Writ Petition is being filed seeking a Mandamus, directing the first respondent to include the petitioner's name in the panel list for promotion to the post of Assistant Director and to promote him as Assistant Director in Khadi and Village Industries, based on the representation dated 30.03.2015.

2. By consent of both parties, the main Writ Petition itself is taken up for final disposal.

3. Mr.G.Karnan, learned counsel takes notice for the respondents.

4. The learned counsel appearing for the respondents pointed out that earlier the petitioner filed a Writ Petition in W.P(MD)No.2784 of 2010 challenging the order dated 09.12.2009 passed by the first respondent rejecting to regularise his service in any of the categories of District Inspector of Cottage Industries Grade I or Assistant Khadi Officer or Village Industrial Co-operative Officer and then to promote him as Assistant Director. While challenging the said order, an order of interim stay of operation was granted in M.P(MD)No.1 of 2010 in W.P(MD) No.2784 of 2010 and also an order has been passed in M.P(MD)No.2 of 2010 https://hcservices.ecourts.gov.in/hcservices/

in W.P(MD)No.2784 of 2010 that any promotion made to the post of Assistant Director in Khadi Village Industries shall be subject to the result of the Writ Petition.

5. The interest of the petitioner is already protected by the order of this Court. The petitioner has now unnecessarily filed this Writ Petition to consider the representation given by him on the same lines, which is nothing but an abuse of process of law and this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Chief Executive Officer, Khadi and Village Industries Board, Kuralagam, Chennai.

2. The Regional Deputy Director, Khadi and Village Industries, Madurai.

+ 1 CC TO MR.G.KARNAN, ADVOCATE IN SR NO. 16753 PS TE/GSV-PM/ : 01/04/2016 : 2P/4C W.P(MD)No.5899 of 2016 24.03.2016 https://hcservices.ecourts.gov.in/hcservices/