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Madras High Court
V.M.Krishnan vs The State Of Tamilnadu on 18 March, 2026
W.P(MD) No.6829 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 18.03.2026
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P(MD) No.6829 of 2026
and
W.M.P(MD)Nos.5654 & 5656 of 2026
V.M.Krishnan, ... Petitioner
Vs.
1.The State of Tamilnadu,
Rep by its Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai-6.
2.The Director,
Public Health and preventive medicine Department,
DMS Complex, Teynampet,
Chennai-6.
3.The Commissioner,
Food Safety and Drug Administration,
Chennai.
4.The Accountant General(A&E)
361, Anna Salai,
Teynampet,
Chennai-18.
1/7
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W.P(MD) No.6829 of 2026
5.The Designated Officer,
Food Safety and Drug Administration,
Tirunelveli District.
6.The District Treasury Officer,
District Treasury,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus
calling for the records relating the impugned order passed by the 4th
respondent No.Eo8/3/10833294/ADK/815 dated 12.01.2026 and the
consequential recovery order issued by the 5th respondent proceedings
vide No. Na.Ka. No.7168/A1/2025/FSD dated 04.11.2025 and further all
consequential order and to quash the same and consequently directing the
respondents to restore the scale of pay of the petitioner with salary
benefits from the date of initial appointment.
For Petitioner : Mr.G.Sailendrababu
For Respondents : Mr.S.Shaji Bino -R1 to R3, R5 & R6
Special Government Pleader
ORDER
This writ petition has been filed seeking a writ of
Certiorarified Mandamus calling for the records relating the impugned
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order passed by the 4th respondent No.Eo8/3/10833294/ADK/815 dated
12.01.2026 and the consequential recovery order issued by the 5th
respondent proceedings vide No. Na.Ka. No.7168/A1/2025/FSD dated
04.11.2025 and further all consequential order and to quash the same and
consequently directing the respondents to restore the scale of pay of the
petitioner with salary benefits from the date of initial appointment.
2. When the matter came up for consideration before this
Court for admission on 13.03.2026, this Court, after having take a note of
the fact that the impugned proceedings appears to have been issued in
violation of the principles of natural justice and passed the following
docket order :
“Mr.S.Shaji Bino, learned Special Government
Pleader, takes notice for the first to third, fifth and sixth
respondents and seeks time to get instructions.
2. Prima facie, it appears that the impugned
proceedings have been issued in violation of the principles
of natural justice, thereby adversely affecting the interest of
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the petitioner.
3. Hence, post the matter on 16.03.2026 under the
caption “For Orders”.
3. Today, when the matter is taken up for consideration,
Mr.S.Shaji Bino, learned Special Government Pleader, appearing for the
respondents 1 to 3, 5 & 6 fairly submitted that the impugned proceedings
have been issued without affording an opportunity to the petitioner and
the same would adversely affect the interest of petitioner including
financially.
4. In the light of the above, the impugned proceedings
cannot be sustained for want of compliance with the principles of natural
justice, and accordingly, the impugned proceedings passed by the 4th
respondent dated 12.01.2026 and the consequential recovery order issued
by the 5th respondent dated 04.11.2025 are hereby quashed solely on the
ground of violation of principles of natural justice, leaving it open to the
respondents to take appropriate steps in accordance with law. The
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amounts, if any, recovered pursuant to the impugned proceedings shall be
forthwith refunded to the petitioner.
5. With the above direction, this Writ Petition is allowed.
No costs. Consequently, connected miscellaneous petitions are closed.
18.03.2026
Index : Yes / No
Internet : Yes / No
RM
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To
1.The State of Tamilnadu,
Rep by its Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai-6.
2.The Director,
Public Health and preventive medicine Department,
DMS Complex, Teynampet,
Chennai-6.
3.The Commissioner,
Food Safety and Drug Administration,
Chennai.
4.The Accountant General(A&E)
361, Anna Salai,
Teynampet,
Chennai-18.
5.The Designated Officer,
Food Safety and Drug Administration,
Tirunelveli District.
6.The District Treasury Officer,
District Treasury,
Tirunelveli District
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MUMMINENI SUDHEER KUMAR, J.
RM
18.03.2026
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