Research › Search › Judgment

Madras High Court · body

2022 DIGILAW 2177 (MAD)

M. Kannapiran v. Secretary, Government of Tamil Nadu, Transport Department, Chennai

2022-07-18

S.M.SUBRAMANIAM

body2022
JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 28.11.2014.) 1. The relief sought for in the present writ petition is to direct the respondents to consider the petitioner's representation dated 28.11.2014. 2. The petitioner states that he was appointed as Conductor in the Tamil Nadu Transport Corporation, Salem Division and the increment due to him was not granted by the respondents. In this regard, the petitioner submitted a representation. 3. The fact remains that a criminal case was registered against the writ petitioner and the departmental disciplinary proceedings were also initiated. Under those circumstances, the increment due to the writ petitioner was not granted and thus, the writ petitioner made a submission that the representation is to be considered. 4. This Court is of the considered opinion that disputed issues are to be adjudicated with reference to the documents and the evidences made available. Such an adjudication cannot be undertaken by the High Court in the writ proceedings. 5. The petitioner, admittedly, was a workman during the relevant point of time and therefore, adjudication of issues are of paramount importance. By issuing a direction to consider his representation, the grievances of the writ petitioner cannot be redressed as such directions would do no service to the cause of justice. 6. Contrarily, the litigant will back again to the Court for adjudication of the disputed issues. Thus the petitioner has to adjudicate the issues at the first instance before the Competent Forum, enabling the High Court to exercise its powers of judicial review in an effective manner. 7. This being the principles to be followed, the petitioner is at liberty to approach the Competent Forum for the purpose of redressal of his grievances in the manner known to law. 8. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.