1 W.P.(MD)NO.19137 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI W.P.(MD)No.19137 of 2021 AND W.M.P.(MD)Nos.15899 of 2021 & 17019 of 2023 Balaganapathy @ Ravi ... Petitioner Vs. 1. The Principal District Judge, Thoothukudi District, Thoothukudi. 2. The Chief Judicial Magistrate, Thoothukudi, Thoothukudi District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to call for the records pertaining to the impugned charge memo issued by the second respondent in his proceedings in departmental enquiry No.1 of 2021, despatch No.1148/2021 dated 25.03.2021 and quash the same. For Appellant : Mr.VR.Shanmuganathan For Respondents : Mr.Thazhaimutharasu * * * 1/7 https://www.mhc.tn.gov.in/judis 2 W.P.(MD)NO.19137 OF 2021 J U D G M E N T Heard both sides. 2. The writ petitioner is working as Headclerk in the Judicial Magistrate Court No.I, Kovilpatti, Thooothukudi from June 2019. The post of Sheristadar fell vacant on 16.12.2019. The petitioner was posted as incharge Sheristadar from that day. While so, charge memo dated 25.03.2021was issued by the Chief Judicial Magistrate, Thoothukudi. It contains three articles of charge. The core allegation made against the petitioner was that on 09.05.2020, when the case properties bearing PR No.298/2019 to 744/2019 and PR No.1/2020 to 8/2020 were destroyed, it was found that certain articles such as liquor bottles, cigarette packets, pan masala and tobacco pockets were found missing. The value of the lost property was around Rs.7,000/-. The writ petitioner was fastened with the charge of dereliction of duty for loss of case property. Challenging the charge memo, this writ petition came to be filed. 2/7 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.19137 OF 2021 3. When the matter was taken up for hearing, this Court directed that the enquiry may go on but final order should not be passed. Today the learned Standing counsel submitted that the enquiry has since been completed and the charges levied against the petitioner have been held to be proved. Now, it is for the learned Chief Judicial Magistrate to take a call in the matter. 4. The learned counsel appearing for the writ petitioner was at pains to point out that for the loss of the case property, crime No.322 of 2020 was registered by the Tuticorin south police station. The said criminal case was closed as undetected. The petitioner's counsel would argue that when on the same set of facts, the criminal case was registered and it got closed, the petitioner cannot be blamed for the loss of properties. Though we are in broad agreement with the contention of the petitioner's counsel, as rightly pointed out by the learned Standing counsel for the respondents, the writ petitioner probably did not take proper charge as per the procedures. Our attention was also drawn to the statement given by one Janarthanan, the previous Sherishtadar. It reads as follows:- 3/7 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.19137 OF 2021 “NkYk; vd;Dila fhyj;jpw;F Ke;jpa fhyj;jpa Properties-fis Destruction nra;tw;F List-kl;Lk; jahh; nra;J nfhz;bUe;Njd;. Mdhy; vd;Dld; gzpahw;wpa rpu];jhh; cjtpahsh; jpUkjp.yl;Rkp mth;fs; vjph;ghuhj tpjkhf cly;eyk; rhpapy;yhky; nrg;lk;gh; 2019 Kjy; ePz;l ehl;fs; kUj;Jt tpLg;gpy; nrd;W tpl;lhh;. mth;> ehd; 15.12.2019 md;W gzpkhWjy; Mfp nry;Yk;tiu gzpf;F jpUk;g NruhjjhYk;> mtUila gphpT NtiyiaAk; Nrh;j;J ehd; ghh;j;Jf;nfhs;s Ntz;bapUe;jJ. Mifahy;> vd;Dila kpFe;j Ntiy gStpd; fhuzkhf ehd; Vw;fdNt ,Ue;j gioa tof;F nrhj;Jf;fis(Properties) vijAk; jdpj;jdpahf vd;dhy; check nra;a Kbatpy;iy. NkYk; vdf;F Kd;dhy; ,Ue;j rpu];jhuh; (Predecessor) md;iwa Njjpapy; ,Ue;j tof;F nrhj;Jf;fs; vijAk; vd;dplj;jpy; Kiwahf xg;gilf;ftpy;iy. mt;thW Kiwahf xg;gilj;jpUe;jhy;> mg;NghNj ,e;j jtwhd Properties Missing vdf;F njhpe;jpUf;Fk;. ehDk; jq;fspd; gzpthd ghh;itf;F nfhz;L te;jpUg;Ngd;. NkYk; ehd; Gjpjhf cUthf;fg;gl;l FLk;gey ePjpkd;wj;jpw;F rpu];jhuhf khw;wk; nra;ag;gl;L> 15.12.2019 md;W FLk;gey 4/7 https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.19137 OF 2021 ePjpkd;wj;jpy; rpu];jhuhf gzpapy; Nrh;j;Jtpl;Nld;. vd;Dila 4 ½ khjq;fs; gzpf;fhyj;jpy; ehd; kpFe;j Neh;ikAlDk;> flik rpuj;ijAld; xOf;fkhf gzpahw;wpNdd;. ,J vd;Dila gzpfhyj;jpy; gzpahw;wpa midj;J ePjpkd;w Copah;fSk; mwpthh;fs;. MfNt khpahijf;Fhpa mk;kh mth;fs; vd;Dila gzpf;fhyj;jpy; cs;s tof;F nrhj;Jf;fs; (Case Properties) midj;Jk; rhpahf ,Ug;gjhYk;> Nkw;gb Property Missing vd;Dila gzp fhyj;jpw;F Ke;ijaJ vd;gjhYk;> mjpy; vd;Dila jtW VJk; rpwpJk; ,y;iy vd;gjhYk;> Nkw;gb Fwpg;ghizapypUe;J vd;id tpLtpf;Fk;gb jho;ikAld; Nfl;Lf;nfhs;fpNwd;.” It appears that the lapses that crept in during the tenure of two previous Sheristadars continued during the petitioner's tenure also and therefore, it may not be fair to cast the entire blame on the writ petitioner. 5. The petitioner's counsel would further contend that the room is under the surveillance of CCTV. The previous Chief Judicial Magistrate had made a specific observation that if the CCTV footage 5/7 https://www.mhc.tn.gov.in/judis 6 W.P.(MD)NO.19137 OF 2021 is seen closely, the truth would come out. It is seen that the petitioner has given further representation also. We are confident that the disciplinary authority will take note of these aspects including the observations in the writ order before disposing of the disciplinary proceedings against the petitioner. The final order shall be passed as early as possible. We reiterate that we have not gone into the merits of the matter. All the contentions of the petitioner are left open. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.) 17th December 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To: 1. The Principal District Judge, Thoothukudi District, Thoothukudi. 2. The Chief Judicial Magistrate, Thoothukudi, Thoothukudi District. 6/7 https://www.mhc.tn.gov.in/judis 7 W.P.(MD)NO.19137 OF 2021 G.R.SWAMINATHAN, J. AND R.KALAIMATHI, J. PMU W.P.(MD)No.19137 of 2021 17.12.2025 7/7 https://www.mhc.tn.gov.in/judis