Madras High Court
C.Sundararajan vs The Government Of Tamil Nadu on 3 July, 2002
Author: V.Kanagaraj
Bench: V.Kanagaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03/07/2002
C O R A M
THE HONOURABLE Mr.JUSTICE V.KANAGARAJ
Writ Petition No.23713 of 2002 and Writ Petition No.23714 of 2002
and W.P.Nos.23715 to 23719 of 2002
C.Sundararajan, ... Petitioner in W.P.No.23713/2002
Secretary
K.Selvam, ... Petitioner in W.P.No.23714/2002
Store Keeper
P.Munusamy,
Manager ... Petitioner in W.P.No.23715/2002
R.Maheswari ... Petitioner in W.P.No.23716/2002
Clerk-cum-Typist
P.Chinnasamy,
Salesman ... Petitioner in W.P.No.23717/2002
L.Perumal
Salesman ... Petitioner in W.P.No.23718/2002
M.Vasudevan
Cashier ... Petitioner in W.P.No.23719/2002
The petitioners herein are employees of
The Kaveripattinam Agricultural Producers'
Co-operative Marketing Society Ltd.
Salem Main Road
Kaveripattinam
Dharmapuri District.
Vs
1.The Government of Tamil Nadu
rep. by its Secretary
Co-operative Food and Consumer
Protection Department
Fort St. George
Chennai 600 009.
2.The Registrar of Co-operative Societies
Chennai 600 010.
3.The Joint Registrar of Co-operative Societies
Appavoo Nagar
Dharmapuri
Dharmapuri District.
4.KK-106 Kaveripattinam Agricultural Producers'
Co-operative Marketing Society Limited
Salem Main Road
Kaveripattinam
Dharmapuri District. ... Respondents in all the above
Writ Petitions.
Petitions under Article 226 of the Constitution of India
praying for issue of writs of certiorarified mandamus as stated therein.
!For petitioners... Mr.P.K.Rajagopal
^For respondents... Mr.M.S.Palanisamy, AGP
:COMMON ORDER
All the above Writ petitions have been filed by different individuals, all employees of The Kaveripattinam Agricultural Producers'Cooperative Marketing Society Ltd., Dharmapuri District, praying to issue writs of certiorarified mandamus, calling for the circular issued by the second respondent bearing No.77782/2001/PACB-3, dated 28-05-2001 and the consequential show cause notice of the fourth respondent in Na.Ka.No.9/2002 dated 12-06-200 2, quash the same and direct the respondents to permit the petitioners to continue in office entry respective positions in service.
2. The impugned circular above refered to in the preceding paragraph have been issued against the petitioners in the form of a show cause notice seeking the explanations of the petitioners regarding the irregular promotions ordered by the previous administrators in office and seeking their explanations as to why, they should not be demoted to their original status. It is only testifying the validity of the above show cause notice the petitioners have come forward to file all the above Writ Petitions.
3. In consideration of the pleadings by parties in the above Writ Petitions, having regard to the materials placed on record and upon hearing the learned counsel for the petitioners, what comes to be known is that the impugned order/circulars are only the show cause notices issued against an irregular promotions alleged to have been made in favour of the petitioners by the erstwhile set up in the Society and only seeking the explanations of the petitioners they have been issued and therefore, the petitioners cannot deny the opportunity for the Authority to know the reasons on their explanations submitted before him.Moreover, no valid or tangible reason exists for the prayer of the petitioners to quash the said proceedings legally nor to direct the respondents in the manner prayed for, nor is it incumbent on the part of this Court to comply with such a luxurious prayer made on the part of the petitioners, instead of submitting their explanations to the Authorities concerned, who has got power to issue such a show cause notice seeking explanation as empowered by law and therefore, in the above circumstances, the only conclusion that could be arrived at is to dismiss the above Writ Petitions at the admission stage itself.
In result, i.all the above Writ Petitions do not merit acceptance for admission and they are dismissed as such;
ii.consequently, connected W.P.M.P.Nos. 32645 to 32658 of 2002 are also dismissed;
iii.there shall be no order as to costs;
iv.however, since it comes to be seen that the time of 7 days only has been given for the petitioners to submit their explanations, it has become necessary on the part of this Court to elongate the time and hence, it is further ordered that the petitioners are allowed to submit their explanation before the said Authority within 15 days from the date of receipt of a copy of this order.
03/07/2002 Index: Yes Internet: Yes paa To
1.The Secretary The Government of Tamil Nadu Co-operative Food and Consumer Protection Department Fort St. George Chennai 600 009.
2.The Registrar of Co-operative Societies Chennai 600 010.
3.The Joint Registrar of Co-operative Societies Appavoo Nagar Dharmapuri Dharmapuri District.
4.KK-106 Kaveripattinam Agricultural Producers' Co-operative Marketing Society Limited Salem Main Road Kaveripattinam Dharmapuri District.
V.KANAGARAJ,J