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Madras High CourtWP(MD)/13728/2018disposed of

Munusamy v. The Deputy Secretary

2025-01-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.12468 of 2018, 20908 of 2023 Munusamy .. Petitioner v.

1.The Deputy Secretary, Department of Animal Husbandry, Secretariat, Fort St.George, Chennai.

2.The Director, Department of Animal Husbandry, Chennai.

3.The Assistant Director, Department of Animal Husbandry, Ramanathapuram District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the third respondent in 1/4

Na.Ka.No.516/E/18 dated 28.05.2018, quash the same and consequently, directing the respondents to grant salary benefit with all continuation and cumulative effect.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.K.Balasubramani, Special Government Pleader *****

ORDER

As against the order of punishment dated 28.05.2018, the petitioner has filed this writ petition. As against this order, the petitioner is having an appeal remedy before the second respondent. Without exhausting the statutory appeal remedy, the petitioner has filed this writ petition. 2.Therefore, this Court is not inclined to entertain this writ petition and the same is accordingly dismissed. The petitioner is at liberty to file an appeal as against the order dated 28.05.2018 before the second respondent, if so advised, within a period of four weeks from the date of receipt of a copy of this order. Since the petitioner has erroneously filed this writ petition before this Court and the writ petition was also kept pending 2/4

without any progress for the past six years, the appellate authority / second respondent shall entertain the appeal without insisting on the limitation, if any and dispose of the appeal, on its merits. 3.There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Index :

Yes / No 28.01.2025 NCC :

Yes / No gk To 1.The Deputy Secretary, Department of Animal Husbandry, Secretariat, Fort St.George, Chennai.

2.The Director, Department of Animal Husbandry, Chennai.

3.The Assistant Director, Department of Animal Husbandry, Ramanathapuram District.

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B.PUGALENDHI, J.

gk 28.01.2025 4/4