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D.Madhialagan vs The Managing Director

Madras High Court|29 June, 2017

JUDGMENT / ORDER

[Judgment of the Court was made T.S.SIVAGNANAM, J.] Heard Mr.G.Thalaimutharasu, learned counsel appearing for the appellant and Mr.K.Sathya Singh, the learned Standing Counsel appearing for the respondents.
2.The appellant filed this appeal before this Court against the order dated 08.06.2016, made in W.P.(MD)No.10610 of 2008, by which the appellant's writ petition was dismissed, wherein he challenged the proceedings of the second respondent dated 23.06.2008, by which the appellant's candidature for selection to the post of Bus Conductor was rejected.
3.The learned counsel for the appellant would submit that the respondent management had placed voluminous set of documents before the Writ Court and the appellant had no opportunity to go through the same and make out the relevant points in his favour and only after the appeal was dismissed, the appellant come to know that ineligible persons were selected and those persons who have failed in the physical fitness were also selected. Thus, according to the appellant/writ petitioner those facts could not be placed before the the Writ Court.
4.If that be the arguments put forth by the appellant, then the appellant has to approach the Writ Court by way of review petition and not by way of writ appeal, canvassing new set of points, which was never placed before the Writ Court.
5.Therefore, this Writ Appeal is disposed of with liberty to the appellant to filed review petition as against the impugned order. Consequently, connected Miscellaneous Petition is closed. No costs.
To
1.The Managing Director, Tamil Nadu State Transport Corporation Limited, Bye Pass Road, Madurai.
2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Tirunelveli Division, Vannarpettai, Tirunelveli District..
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Title

D.Madhialagan vs The Managing Director

Court

Madras High Court

JudgmentDate
29 June, 2017