Madras High Court
The Managing Director vs S. Sasikala on 22 October, 2021
W.A.No. 826 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.No. 826 of 2021 and
C.M.P. No. 4658 of 2021
1. The Managing Director,
Tamil Nadu Housing Board,
Nandanam, Chennai – 600 035.
2. The Secretary and Personnel Officer,
Tamil Nadu Housing Board,
Nandanam, Chennai – 600 035.
3. The Financial Advisor,
Tamil Nadu Housing Board,
Nandanam, Chennai – 600 035. ...Appellants
Vs.
S. Sasikala ....Respondent
Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set aside
the order dated 28.02.2020 passed in W.P.No.5027 of 2020 and allow the
Appeal.
1/5
https://www.mhc.tn.gov.in/judis
W.A.No. 826 of 2021
For Appellants : Mr.R. Bharath Kumar
For Respondent : Mr.S. Sivakumar
----
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J)
This Writ Appeal is filed against the order passed in W.P.No.5027 of
2020, dated 28.02.2020, by which a direction was issued to the Appellants
to consider the representation of the Writ Petitioner dated 08.01.2020 and
pass orders strictly in accordance with law, within a period of six weeks
from the date of receipt of a copy of that order with further direction to
process the Writ Petitioner's retiral benefits and the pension proposal
without any delay.
2. The main plea advanced by of the learned counsel for the
Appellants is that the Respondent-Writ Petitioner, suppressed the
registration of an FIR against her in respect of misappropriation of a sum
about Rs.86.21 lakhs, at the time of hearing the Writ Petition. Moreover,
the Writ Petition was disposed of at the admission stage itself without even
affording an opportunity to the Appellants to file a counter-affidavit.
https://www.mhc.tn.gov.in/judis
W.A.No. 826 of 2021
3. The learned counsel appearing for the Respondent submitted that
the learned Single Judge upon hearing the submissions of learned counsel
appearing on either side has granted the aforesaid relief and therefore the
same need not be interfered with.
5. Heard both sides. Perused the records.
6. It is averred by the respondent that the Appellants have filed this
Appeal in order to escape from the contempt proceedings. However, on a
reading of the proceedings dated 01.03.2021 of the Tamil Nadu Housing
Board, it is seen that the order of the learned Single Judge has already been
complied. When the order has been complied with, the question of filing
Appeal does not arise at all. The contention raised by the learned counsel for
the Appellants, in this Appeal is that there was a suppression of registration
of F.I.R. against the Writ Petitioner and the orders have been obtained, at
the admission stage itself. It is needless to mention here that if there is any
false averments and forgery, said to have been committed by the Writ
Petitioner, it is open to the Appellants to take action Under the Penal
https://www.mhc.tn.gov.in/judis
W.A.No. 826 of 2021
Provisions, viz., Sections 191, 199 IPC or any other provisions of Indian
Penal Code including Section 195 and 340 Cr.P.C. to proceed against the
Writ Petitioner. We make it very clear that we are not giving any direction
to the Appellants to do so and it is only an observation. As the order of the
learned Single Judge has already been complied with, if the Appellants are
aggrieved, it is open to them to recourse to Penal Provisions.
With the above observation, this Writ Appeal is closed. No Costs.
Connected Miscellaneous Petition is Closed.
[S.V.N., J.,] [R.V.,J.,]
22.10.2021
Index: Yes/no
Internet: Yes/no
arr/shk
https://www.mhc.tn.gov.in/judis
W.A.No. 826 of 2021
S. VAIDYANATHAN,J
and
R.VIJAYAKUMAR, J
arr
W.A.No. 826 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis
