V.Deivasigamani vs The Commissioner on 8 June, 2011

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08.06.2011

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

Writ Petition No.13230 of 2011
and
M.P.No.1 of 2011

V.Deivasigamani						....	Petitioner

Versus

1.The Commissioner,
   HR & CE Department,
   Uthamar Gandhi Salai,
   Nungambakkam,
   Chennai  34.

2.The Executive Officer,
   Arulmigu Vedagireeswarar Thirukoil,
   Thirukazhukundram,
   Kancheepuram District.

3.Muralidoss

4.C.Arumugam

5.T.R.Sekar						....	Respondents


Prayer : Petition filed, seeking for a writ of Certiorari to call for the records leading to the impugned proceedings of the 1st respondent dt.25.5.2011 served on petitioner on 30.5.2011 in Na.Ka.No.18399/2011 V2 and quash the same


		For Petitioner	  : Mr.T.V.Ramanujam
					    Senior Counsel
					    for Mr.t.V.Krishnamachari
					
		For Respondents   : Mr.R.Kannan (For R1 & R2)

O R D E R

Heard Mr.T.V.Ramanujam, the learned senior counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents 1 and 2.

2. The main contention of the learned counsel appearing on behalf of the petitioner is that the impugned order, dated 25.05.2011, had been passed by the first respondent, without giving an opportunity of hearing to the petitioner.

3. The learned counsel appearing on behalf of the respondents 1 and 2 had submitted that the impugned order had been passed pursuant a direction issued by this Court, by its order, dated 02.03.2011, made in W.P.No.5043 of 2011. However, the learned counsel is not in a position to show that the petitioner had been given an opportunity of hearing before the impugned order, dated 25.05.2011, had been passed.

4. In such circumstances, the impugned order of the first respondent, dated 25.05.2011, is set aside. The first respondent is permitted to pass an order, afresh, after giving an opportunity of hearing to the petitioner, as well as the respondents 3 to 5 and after considering their objections, if any, on merits and in accordance with law, as expeditiously as possible.

This Writ petition is ordered accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

cse

To

1.The Commissioner,
HR & CE Department,
Uthamar Gandhi Salai,
Nungambakkam,
Chennai 34.

2.The Executive Officer,
Arulmigu Vedagireeswarar Thirukoil,
Thirukazhukundram,
Kancheepuram District