Madras High Court
V.Murugan vs The Superintending Engineer on 6 July, 2021
W.A.(MD) No.889 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.07.2021
CORAM
THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM
and
THE HON'BLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.889 of 2021
and
C.M.P.(MD)No.4025 of 2021
V.Murugan ...Appellant
-Vs-
1.The Superintending Engineer,
TANGEDCO Limited,
Madurai Electricity,
Distribution Circel/Metro,
Madurai.
2.The Executive Engineer,
South Metro MEDC,
TANGEDCO Limited,
Madurai. - 625 001.
3.The Assistant Executive Engineer,
Distribution / Kovil Sub Division,
TANGEDCO Limited,
Madurai – 625 001. ...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the
order dated 15.02.201 made in W.P.(MD)No.3757 of 2016.
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1/6
W.A.(MD) No.889 of 2021
For Appellant : Mr.I.Pinaygash
For Respondents : Mr.T.Sakthikumaran
JUDGMENT
[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]
Heard Mr.I.Pinaygash, learned counsel appearing for the appellant
and Mr.T.Sakthikumaran, learned counsel appearing for the respondents.
2. This Writ Appeal by writ petitioner is directed against the order
dated 15.02.201 made in W.P.(MD)No.3757 of 2016.
3. The Writ Petition was disposed of based on a submission, which
was made before the learned Writ Court that the appellant/writ petitioner
would be satisfied if the disciplinary proceedings pending against him is
completed at the earliest. This Writ Appeal has been filed by contending
that no such concession was given by the appellant. This Court noted
that a vague submission has been made in the memorandum of grounds
of appeal, more particularly, in ground 'd'. Therefore, this Court directed
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W.A.(MD) No.889 of 2021
that the appellant should clarify the matter before the next hearing date.
Learned counsel for the appellant submitted that one opportunity may be
granted to the appellant to put forth his submission on the merits of the
matter. More particularly, when the writ petition was pending from the
year 2016 onwards and the appellant had the benefit of an interim order
in the Writ Petition, no counter was filed by the respondents.
4. Without going into the controversy, as to whether the appellant
had instructed the former counsel to give such a concession, we are of
the view that the matter can be decided on merits instead of considering
the technical aspects as to whether concession was given or not.
5. Accordingly, this Writ Appeal is allowed and the order passed
in the Writ Petition is set aside and the Writ Petition is restored to the file
of the learned Single Bench along with the stay petition. Since the Writ
Petition is of the year 2016, the learned Single Bench, which is dealing
with this roster, is requested to give an early hearing in the Writ Petition
subject to convenience. The learned counsel appearing for the appellant
submitted that during the pendency of the Writ Petition, the appellant had
the benefit of an interim order. Since we restore the Writ Petition, the
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W.A.(MD) No.889 of 2021
appellant can seek for appropriate interim protection before the learned
Single Bench. No costs. Consequently, connected miscellaneous
petition is closed.
[T.S.S. J.,] [S.A.I. J.,]
06.07.2021
Index : Yes/No
Internet : Yes
vsm
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.889 of 2021
To
1.The Superintending Engineer,
TANGEDCO Limited,
Madurai Electricity,
Distribution Circel/Metro,
Madurai.
2.The Executive Engineer,
South Metro MEDC,
TANGEDCO Limited,
Madurai. - 625 001.
3.The Assistant Executive Engineer,
Distribution / Kovil Sub Division,
TANGEDCO Limited,
Madurai – 625 001.
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.889 of 2021
T. S. SIVAGNANAM, J.,
and
S.ANANTHI, J.,
vsm
W.A.(MD)No.889 of 2021
and C.M.P.(MD)No.4025 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
