1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)No.1180 of 2011 and M.P.(MD)No.1 of 2011 S.Balaguru ... Appellant/Petitioner Vs. 1.Trichirapalli North Sarvodaya Sangh, Certified by K.V.I.C. of India No.3217, (Affiliated to Tamilnadu Sarvodaya Sangh), No.12, Doublemall Street, Trichy-620 002. 2.The Director, Khadi Village Industries Commissioner, 326,Avvai Shanmugam Salai, Gopalapuram, Chenni-16. 3.Khadi and Village Industries Commission, No.3217 (Govt.of India), New Delhi. ... Respondents/Respondents Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 10.10.2011, made in W.P.(MD)No.804/2008. Prayer in WP(MD)No. 804 of 2008:: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent in his Proceedings TNS/617/Ser. Dated: 30.05.2007 and quash the termination order and reinstate the petitioner in Service with all monetary and service benefits. For Appellant : Mr.R.Singaravelan For Respondents : Mr.R.Anandharaj, Government Advocate. JUDGMENT [Judgment of the Court was delivered BY K.N.BASHA, J] In this appeal, the appellant has challenged the writ court's order, dated 10.10.2011, made in W.P.(MD)No.804 of 2008, dismissing the writ petition filed by the appellant challenging the order of dismissal passed by the 1st respondent herein. 2.Mr.R.Singaravelan, learned counsel for the appellant, would contend that the writ court has not considered the points raised by the appellant to the effect that without affording an opportunity and without conducting proper enquiry in the manner known to law, the appellant was dismissed from service. It is contended that the writ court, on the basis of the counter affidavit filed by the 1st respondent raising a preliminary objection to the effect that the 1st respondent Society is only a private https://hcservices.ecourts.gov.in/hcservices/ 2 body and as such the writ petition filed invoking Article 226 of the Constitution of India is not maintainable, has dismissed the writ petition. The learned counsel for the appellant further contended that the 1st respondent has not produced any document to establish that the 1st respondent is not a statutory body. However, the learned counsel for the appellant would submit that the writ court, while dismissing the writ petition, has not even given liberty to the appellant to prefer a statutory appeal against the order of the 1st respondent before the competent authority. 3.We have carefully considered the submissions made by the learned counsel for the appellant and also perused the impugned order of the writ court and other materials available on record. 4.Though the appellant has challenged the order of the writ court, it is submitted by the learned counsel for the appellant that the main grievance of the appellant is that he was not given any liberty by the writ court to prefer a statutory appeal before the competent authority. Considering such a submission, without going into the other aspects on the basis of the submissions made by the learned counsel for the appellant, we are constrained to give liberty to the appellant to prefer a statutory appeal to the 2nd respondent, if the same is available, as per the bye-laws or rules or regulations of the 1st respondent Sangh. It is made clear that such a statutory appeal, if available, should be preferred within a period of two weeks from the date of receipt of a copy of this order. 5.With the above observation an direction, the writ appeal stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. SD ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SUB ASST REGISTRAR gb TO: 1.The Director, Khadi Village Industries Commissioner, 326,Avvai Shanmugam Salai, Gopalapuram, Chenni-16. 2.Khadi and Village Industries Commission, No.3217 (Govt.of India), New Delhi. DM::2011:NOVEMBER:02:: Judgment IN W.A.(MD)No.1180/2011 and M.P.(MD)No.1 of 2011 Dated:02.11.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/