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Madras High Court

Balavijayan vs The Registrar General on 18 February, 2022

Bench: Munishwar Nath Bhandari, D.Bharatha Chakravarthy

                                                                        W.P.No.3028 of 2022



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:     18.02.2022

                                                       CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                         AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.P.No.3028 of 2022


                     Balavijayan                                              .. Petitioner

                                                         Vs

                     1. The Registrar General
                        High Court of Judicature at Madras
                        Chennai - 600 104.

                     2. The Principal District Judge
                        Erode District @ Erode.

                     3. The IV Additional District Judge
                        Bhavani, Erode District.

                     4. R.Rathi                                         .. Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India
                     praying for a writ of certiorarified mandamus calling for the records
                     relating to the impugned order passed by the second respondent
                     herein dated 23.12.2014, 16.11.2015 and 26.6.2020 and quash the
                     same and consequently direct the second respondent to consider


                     ____________
                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.3028 of 2022



                     petitioner for promotion to any higher post, on par with the fourth
                     respondent and grant other monetary benefits.


                                        For the Petitioner        :   Mr.P.Pandiyaraj

                                        For the Respondents       : Mr.S.Giridhar
                                                                    for respondents 1 to 3

                                                              ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After arguing the writ petition at length and finding a false statement made by the petitioner (who is none other than an employee working under the control of the Principal District Judge, Erode), apart from suppression of material facts, a prayer is made to allow the petitioner to withdraw the writ petition with payment of costs of Rs.50,000/-, as otherwise this Court, after taking cognizance of the conduct of the petitioner in making an incorrect and false statement on an affidavit, was intending to direct initiation of prosecution and even initiation of action against him, as the conduct of an indisciplined court officer cannot be viewed by the Court lightly.

____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.3028 of 2022

2. As prayed for, the writ petition is dismissed as withdrawn with payment of costs of Rs.50,000/- (Rupees Fifty Thousand) as offered by the petitioner. The costs of Rs.50,000/- should be deposited with the Tamil Nadu State Legal Services Authority within fifteen days from today. The Registrar (Judicial) would ensure the compliance of the said direction and if it is not made, the disposed of writ petition may be listed before the court for appropriate order for compliance. No costs. Consequently, W.M.P.No.3193 of 2022 is closed.

                                                                 (M.N.B., CJ)     (D.B.C., J.)
                                                                       18.02.2022
                     Index : Yes/No

                     Note to Registry:
                     Mark a copy of this order
                     to the Registrar (Judicial)
                     High Court, Madras.

                     bbr




                     ____________
                     Page 3 of 5


https://www.mhc.tn.gov.in/judis W.P.No.3028 of 2022 To:

1. The Registrar General High Court of Judicature at Madras Chennai - 600 104.
2. The Principal District Judge Erode District @ Erode.
3. The IV Additional District Judge Bhavani, Erode District.

____________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.3028 of 2022 THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr W.P.No.3028 of 2022 18.02.2022 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis