The Madurai Bench of the Madras High Court dismissed a writ petition filed under Article 226 seeking direction to initiate disciplinary action and recover Rs.15 lakhs, holding the prayer not maintainable as it converts writ jurisdiction into a civil suit.
No order as to costs; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.1370 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 21.04.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD).No.1370 of 2019 and W.M.P.(MD).No.1183 of 2019
V.Kanaga Prasad
... Petitioner
Vs.
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W.P.(MD)No.1370 of 2019
6.The Registrar, Manonmaniam Sundaranar University, Abishegapatty, Tirunelveli.
7.Kandasamy
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 6 to initiate Disciplinary Action immediately, against the 7th respondent well before the date of his retirement on 01.02.2019 or on any subsequent date, and not to allow his to retire and to secure the cheated amount of the petitioner a sum of Rupees 15 lakhs out of his retiral benefits.
For Petitioner : Mr.G.Prabhu Raja Durai for Mr.S.Loganathan For Respondents : Mr.P.Gunasekaran for R1
: Mr.V.Om.Prakash Government Advocate for R2, R3 & R5 : Mr.Anwar Sameem for R4
: Mr.Mohamed Rafic for M/s.Ajmal Associates for R6
: Mr.K.Ragatheesh Kumar for R7
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W.P.(MD)No.1370 of 2019
ORDER
This writ petition has been filed for a mandamus to direct the respondents 1 to 6 to initiate disciplinary action against the 7th respondent well before the date of his retirement on 01.02.2019 or on any subsequent date, and not to allow him to retire from service and to secure the amount alleged to have been cheated by the petitioner i.e., a sum of Rs.15 lakhs.
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W.P.(MD)No.1370 of 2019
liberty to pursue the remedy available as per law. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
21.04.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
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W.P.(MD)No.1370 of 2019
To
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W.P.(MD)No.1370 of 2019
S.SRIMATHY, J
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W.P(MD).No.1370 of 2019 and W.M.P.(MD).No.1183 of 2019
21.04.2023
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1 issue framed by the court
Whether a writ petition claiming recovery of a monetary amount by directing disciplinary action is maintainable under Article 226.
1 provisions across 1 enactments
V.Kanaga Prasad
Kandasamy
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
