Madras High CourtWP(MD)/20940/2019disposed of

R.Vignesh v. The Registrar General

2019-09-27Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.(MD)No.20940 / 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICER R.THARANI W.P.(MD)No.20940 of 2019 and W.M.P.(MD)No.17513 of 2019 R.Vignesh ... Petitioner Vs.

1.The Registrar General, Madras High Court, Chennai.

2.The Principal District Judge, District Court, Dindigul.

..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in No.5488/2019/A1 dated 14.08.2019, on the file of the second respondent and quash the same as illegal and consequently direct the respondents to appoint the petitioner to the post of Office Assistant or any other post on compassionate ground within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.T.S.Mohammed Mohideen Standing Counsel

ORDER

[Order of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.T.Lajapathi Roy, learned counsel for the petitioner and Mr.T.S.Mohammed Mohideen, learned Standing Counsel, for the respondents. By consent on either side, this writ petition is taken up for final disposal.

2. The petitioner has challenged the order passed by the second respondent. Admittedly, as against the order passed by the second respondent, the petitioner has an effective alternative remedy by way of an appeal to the High Court. Therefore we are of the firm view that the petitioner should not bypass the appeal remedy and should avail the same as the remedy is not only effective but also efficacious.

3. Therefore, we direct the petitioner to file an appeal to the High court, within a period of thirty days from the date of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20940 / 2019 receipt of a copy of this order and if such appeal is filed, the same shall be considered in accordance with law.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Registrar General, Madras High Court, Chennai.

2.The Principal District Judge, District Court, Dindigul.

+1 CC to Mr.T.S.MOHAMED MOHIDEEN, Advocate ( SR-90004[F] dated 27/09/2019 ) +1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-90395[F] dated 30/09/2019 ) ORDER MADE IN W.P.(MD)No.20940 of 2019 27.09.2019 ta VB(18.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2