Madras High Court
M.Pushpalatha vs The District Collector on 2 December, 2021
W.A.No.2895 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 02.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.No.2895 of 2021
and C.M.P.Nos.19503 & 19505 of 2021
M.Pushpalatha ... Appellant
Vs.
1.The District Collector,
Chingleput District, Chingleput.
2.The District Collector,
Kancheepuram District,
Kancheepuram.
3.The Commissioner of Revenue Administration,
Chepauk, Chennai – 5.
4.The Secretary to Government,
Revenue Department,
Fort St.George, Chennai – 9. ... Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 03.03.2021 made in W.M.P.No.867 of 2021 in W.P.No.794
of 2021.
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W.A.No.2895 of 2021
For Appellants : Mr.K.Venkataramani, Senior Counsel
for Mr.M.Muthappan
For Respondents : Mrs.Geetha Thamaraiselvan,
Special Government Pleader (R1 to R4)
JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
Challenging the order passed in W.M.P.No.867 of 2021 in
W.P.No.794 of 2021 dated 03.03.2021, the Writ Petitioner has filed the
above Writ Appeal.
2.The appellant filed the Writ Petition to issue a Writ of
Certiorarified Mandamus to call for the records of the 1st respondent in
connection with the impugned order passed by him dated 03.12.2020 and
the consequential impugned charge memo issued by the 1st respondent
dated 03.12.2020 and to quash the same and direct the respondents to
proceed with the earlier disciplinary proceedings initiated against the
petitioner dated 10.11.2018, to complete the same within a time frame.
The appellant has also filed a Miscellaneous Petition in W.M.P.No.867
of 2021 seeking for an order of interim stay of all further proceedings
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W.A.No.2895 of 2021
pursuant to the orders passed by the 1st respondent in connection with the
orders passed by him on 03.12.2020 and the consequential impugned
charge memo dated 03.12.2020.
3.The learned Single Judge, by order dated 03.03.2021, while
ordering notice to the respondents directed the respondents to proceed
with the enquiry initiated against the petitioner and further directed the
respondents to keep the final orders in a sealed cover. The learned Single
Judge had made it clear that the enquiry shall be proceeded on a day-to-
day basis without adjourning the matter beyond seven working days at
any point of time and no orders shall be communicated to the petitioner.
The learned Single Judge had also made it clear that till final orders are
passed by the Disciplinary Authorities, the petitioner cannot approach the
Court to stall the proceedings.
4.Mr.K.Venkataramani, learned senior counsel appearing for the
appellant submitted that the Writ Petition is still pending. The learned
senior counsel submitted that though the learned Single Judge directed
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W.A.No.2895 of 2021
the Registry to list the Writ Petition for further hearing in the first week
of April 2021, the Writ Petition has not yet been listed for hearing. The
learned senior counsel also submitted that the respondents have already
filed their counter dated 29.01.2021 and the Writ Petitioner has also filed
a reply affidavit dated 09.02.2021.
5.Since the appellant is challenging the interim order passed by the
learned Single Judge, the issues now raised in the Writ Appeal can be
decided by the learned Single Judge in the Writ Petition. Hence, we are
not inclined to interfere with the interim order passed by the learned
Single Judge.
6.The learned senior counsel for the appellant submitted that he
would make a mention before the learned Single Judge for listing the
Writ Petition for final hearing at an early date.
7.In view of the urgency expressed by the learned senior counsel,
in the event of the learned senior counsel making a mention for listing
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W.A.No.2895 of 2021
the Writ Petition at an early date, it is open to the learned Single Judge to
take up the matter early.
8.With these observations, as already stated, we are not inclined to
entertain the Writ Appeal. Accordingly, the Writ Appeal is dismissed. No
costs. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No [M.D., J.] [J.S.N.P., J.]
va 02.12.2021
To
1.The District Collector,
Chingleput District, Chingleput.
2.The District Collector,
Kancheepuram District,
Kancheepuram.
3.The Commissioner of Revenue Administration,
Chepauk, Chennai – 5.
4.The Secretary to Government,
Revenue Department,
Fort St.George, Chennai – 9.
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W.A.No.2895 of 2021
M.DURAISWAMY,J .
and
J.SATHYA NARAYANA PRASAD, J.
va
W.A.No.2895 of 2021
and C.M.P.Nos.19503 & 19505 of 2021
02.12.2021
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