IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 9.11.2009 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. No. 30089 of 2004 ....... D. Balakrishnan ...Petitioner Vs. The Thiruthani Co-operative Sugar Mills Ltd., rep. by its Administrator, Thiruvalangadu, Thiruthani TK., Thiruvallur District 631 210. ... Respondent Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to permit the petitioner to continue his service as Sugarcane Assistant, with continuity of service and other attendant benefits by considering his written representations dated 1.10.2003, 6.1.2004 and his lawyer's notice dated 2.9.2004 within a reasonable period to be fixed. For Petitioner : Mrs. R. Neelakandan For Respondent : Mr. K. Rajasekaran ORDER
This writ petition is filed for a Writ of Mandamus to consider the representation dated 1.10.2003 and 6.10.2003.
2. The Court is unable to understand as to how the writ petition is maintainable in the light of what has been stated in para 3 of the affidavit.
” The petitioner states that he has been issued with a memo of charges dated 10.11.2001 in N.K.No.E15322/2001, wherein it has been stated that he was in unauthorised absence for more than 10 days without any prior permission and thereby he was also asked to show cause as to why disciplinary action as per standing order No.19(5) of certified standing orders of the sugar mills should not be taken against him. ”
4. The fact that the memorandum of charge has been issued on the petitioner, which has also been confirmed by the respondent in the counter affidavit, no direction can be issued to the authorities to consider any representation. The petitioner can pursue and contest the charge memo issued and agitate the claim in accordance with law. The question of continuing in service based on the representation does not arise at this point of time.
5. Finding no merits, this writ petition is dismissed. No costs.
The Thiruthani Co-operative
Sugar Mills Ltd.,
rep. by its Administrator,
Thiruvallur District 631 210.
WP No. 30089 of 2004