Madras High CourtWP(MD)/21279/2023disposed of

Mathayee v. The Chairman/Principal District And Sessions Judge

2023-09-01Honourable The Chief Justice,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN and WMP(MD) No.17685 of 2023 Mathayee ... Petitioner -vs1.The Chairman/Principal District & Sessions Judge, District Legal Services Authority District Court Campus, 2.The Principal District and Sessions Judge, District Court Buildings, 3.The Enquiry Officer/Special District Judge for MCOP Cases, District Court Buildings,

4.The President/District Judge, Permanent Lok Adalat Court, District Court Buildigns, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records of the 1st respondent in his impugned order in D.E.No.17/2023 dated 29.05.2023 and quash the same as ultra vires to the provisions contemplated under the permanent lok adalat other terms and conditions of Appointment of Chairman and Other Persons) Rules, 2003. For Petitioner : Mr.Ananth C.Rajesh For Respondents :Mr.G.Thalaimutharasu

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.Ananth C.Rajesh, learned counsel for the petitioner, and Mr.G.Thalaimutharasu learned counsel for the respondents.

2. The learned counsel for the petitioner submits that even without the charge memo, enquiry is conducted and the enquiry officer is appointed.

3. The learned Advocate for the respondents submits that the statement of the petitioner is incorrect. The charge memo reads at Page No.34 of the paper book. The petitioner would have opportunity to put forth the stand with regard to the charges before the Enquiry Officer.

4. The writ petition is disposed of accordingly. However, there shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. [S.V.G., CJ.] [C.K., J.] 01.09.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Chairman/Principal District & Sessions Judge, District Legal Services Authority District Court Campus, 2.The Principal District and Sessions Judge, District Court Buildings, 3.The Enquiry Officer/Special District Judge for MCOP Cases, District Court Buildings, 4.The President/District Judge, Permanent Lok Adalat Court, District Court Buildigns,

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.21279 of 2023 01.09.2023