Dismissed

M.Pushpalatha v. the District Collector

Madras HC2 Dec 2021WA/2895/2021

Case brief

AI extract

What is this about?

This Judgment dismisses a Writ Appeal filed against an interim order in a disciplinary proceeding. The High Court held that since the Single Judge could decide the raised issues in the main Writ Petition, the High Court was not inclined to interfere, dismissing the appeal without costs.

What did the court decide?

The Writ Appeal is dismissed. Connected miscellaneous petitions are closed.

M.Pushpalatha Vs the District Collector — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE: 02.12.2021

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CORAM:

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THE HON'BLE MR. JUSTICE M.DURAISWAMY

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AND

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THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.A.No.2895 of 2021

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and C.M.P.Nos.19503 & 19505 of 2021

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M.Pushpalatha ... Appellant

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Vs.

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1.The District Collector, Chingleput District, Chingleput.

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2.The District Collector, Kancheepuram District, Kancheepuram.

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3.The Commissioner of Revenue Administration,

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Chepauk, Chennai – 5.

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4.The Secretary to Government, Revenue Department, Fort St.George, Chennai – 9. ... Respondents

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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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Prayer in W.M.P.No.867 of 2021:

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To grant interim stay of all further proceedings in pursuance of the impugned orders issued by the 1st respondent in connection with the orders passed by him in Na.Ka.No.17036/A1/2018 dated 03/12/2020 and the consequential impugned charge memo issued by the 1st respondent in Na.Ka.No.17036/2018/A1/dated 03/12/2020 pending disposal of the writ petition No.794 of 2021.

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Prayer in W.P.No.794 of 2021:

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Writ Petition under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed their with the High Court will pleased to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or direction in the nature of writ calling for the records of the 1st respondent in connection with the impugned order passed by him in Na.Ka.No.17036/A1/2018 dated 03/12/2020 and the consequential https://hcservices.ecourts.gov.in/hcservices/ impugned charge memo issued by the 1st respondent in

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Na.Ka.No.17036/2018/A1 dated 03/12/2020 and quash the same and direct the respondent to proceed with the earlier disciplinary proceedings initiated against the petitioner in Na.Ka.No.17036/2018/A3 dated 10/11/2018 complete the same within the stipulated time and grant such other further relief in W.P.No.794 of 2021.

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For Appellants : Mr.K.Venkataramani, Senior Counsel for Mr.M.Muthappan

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For Respondents : Mrs.Geetha Thamaraiselvan, Special Government Pleader (R1 to R4)

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JUDGMENT

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(Judgment was delivered by M.DURAISWAMY, J.)

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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.

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2.The appellant filed the Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records of the 1^st respondent in connection with the impugned order passed by him dated 03.12.2020 and the consequential impugned charge memo issued by the 1^st 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 pursuant to the orders passed by the 1^st respondent in connection with the orders passed by him on 03.12.2020 and the consequential impugned charge memo dated 03.12.2020.

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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-today 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.

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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 the Registry to list the Writ Petition for further hearing in the first week of April 2021, https://hcservices.ecourts.gov.in/hcservices/ the Writ Petition has not yet been listed for hearing. The

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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.

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5.Since the appellant is challenging the interim order

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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.

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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.

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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 the Writ Petition at an early date, it is open to the learned Single Judge to take up the matter early.

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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.

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Sd/-

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Assistant Registrar (CS-III)

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//True Copy//

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Sub Assistant Registrar

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1.The District Collector, Chingleput District, Chingleput.

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2.The District Collector, Kancheepuram District, Kancheepuram.

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3.The Commissioner of Revenue Administration, Chepauk, Chennai – 5.

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4.The Secretary to Government, Revenue Department, Fort St.George, Chennai – 9.

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+1cc to Mr.M.Muthappan, Advocate SR. No.63418

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+1cc to the Government Pleader SR. No.63453

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W.A.No.2895 of 2021 and C.M.P.Nos.19503 & 19505 of 2021

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BR (CO) https://hcservices.ecourts.gov.in/hcservices/ PR (16/12/2021)

M.Pushpalatha v. the District Collector

Case brief

What is this about?

What did the court decide?

M.Pushpalatha v. the District Collector

Case brief

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