M.Sekar v. The District Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2026

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)Nos.13428 and 13431 of 2026 M.Sekar ... Petitioner vs.

The District Manager, Tamil Nadu State Marketing Corporation Limited, Nanjikottai Road, Thanjavur District - 613 006.

... Respondent 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 proceedings of the Respondent File No.Na.Ka.No.A-1/8152/2026, dated 17.05.2026 and quash the same.

For Petitioner : Mr.R.Murali For Respondents : Mr.H.Arumugam *****

O R D E R

Heard Mr.R.Murali for the Petitioner and Mr.H.Arumugam for the Respondent.

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2. This Writ Petition has been filed for issuance of Writ of Certiorari, to quash the proceedings passed by the respondent in No.Na.Ka.No.A-1/8152/2026, dated 17.05.2026.

3. The learned counsel for the petitioner contended that the impugned proceedings dated 17.05.2026 were issued placing the petitioner, along with two other employees, under suspension by the respondent Corporation on the allegation that they had sold liquor at a price higher than the MRP on 17.05.2026. The principal ground of challenge to the impugned proceedings is that the petitioner had not attended duty on 17.05.2026 and, therefore, the question of the petitioner having committed the alleged misconduct does not arise.

4. When this matter came up for consideration on 29.06.2026, this Court took note of the said contention, directed the learned Standing Counsel, Mr.H.Arumugam, to obtain instructions specifically as to whether the petitioner had attended duty on 17.05.2026.

5. Today, when the matter is taken up for further consideration, Mr.H.Arumugam, learned Standing Counsel appearing for the 2/5

respondent Corporation, on instructions, submitted that the petitioner had not attended duty on 17.05.2026.

6. From the above, it is evident that the petitioner had not attended duty on 17.05.2026 and, therefore, the question of the petitioner committing any misconduct on that day so as to sustain the impugned proceedings does not arise.

7. Therefore, it is evident that the impugned proceeding was issued without application of mind and without taking note of the factual position. Consequently, the impugned proceedings cannot be sustained. Accordingly, the impugned order passed by the respondent in No.Na.Ka.No.A-1/8152/2026, dated 17.05.2026, is hereby quashed.

8. In view of the above, this Writ Petition is allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

01.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr 3/5

To:

The District Manager, Tamil Nadu State Marketing Corporation Limited, Nanjikottai Road, Thanjavur District - 613 006.

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MUMMINENI SUDHEER KUMAR , J.

Nsr Order made in 01.07.2026 5/5