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2026 Supreme(Online)(Mad) 19773
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
N.Kottairaj – Appellant
Versus
The Principal Secretary, Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai – 600 005. – Respondent
W.M.P(MD)No.7934 of 2023
For the Appellants/Petitioners: Mr.S.Karunakar
For the Respondents: Mr.N.Satheesh Kumar Additional Government Pleader
The High Court cannot grant relief based on conviction that is unchallenged, pending resolution of appeal.
Headnote:Statute Analysis: The action is governed under Article 226 of the Constitution of India. Facts of the Case: The petitioner seeks to quash dismissal from service due to conviction in Special C.C.No.52 of 2011, challenging proceedings dated 16.02.2023.
Findings of Court:
The court found no reason to interfere as the conviction remains unchallenged.
Issues: The primary issue is whether the petitioner can seek relief despite an ongoing appeal against conviction.
Ratio Decidendi: The court emphasized that without the suspension of conviction, no relief can be granted.
Result: The writ petition is closed with no costs.
| Table of Content |
|---|
| 1. dismissal due to conviction (Para 1 , 2) |
| 2. relief denied until conviction is set aside (Para 3) |
ORDER
This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.CD2/34953/2019 dated 16.02.2023, whereby the petitioner was dismissed from service consequent upon the conviction suffered by him in Special C.C.No.52 of 2011 on the file of the Special Court for Trial of Cases under the Prevention of Corruption Act, Madurai.
2.It is the case of the petitioner that, aggrieved by the Judgment dated 28.01.2020 in Special C.C.No.52 of 2011 on the file of the Special Court for Trial of Cases under the Prevention of Corruption Act, Madurai, the petitioner has carried the matter in appeal vide Crl.A(MD)No.68 of 2020 before this Court and the same is pending.
3.It is not the case of the petitioner that the conviction suffered by him has been suspended by this Court in the above said Criminal Appeal as on date. Admittedly, the said conviction is still staring at the petitioner. Therefore, this Court does not find any reason to interfere with the impugned order, which has been passed solely based on the conviction suffered by the petitioner. 4.In such circumstances, no relief can be granted in this Writ Petition at this stage. However, it is made clear that in case if the petitioner succeeds in the criminal appeal and the conviction is set aside, then it is open for the petitioner to revive this Writ Petition or to file a fresh Writ Petition seeking for the same relief. 5.Accordingly, the writ petition is closed. No costs.
Consequently, connected Miscellaneous Petition is closed.
