M.Manoharan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE :17.09.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.10111 of 2016 and W.MP.No.9009 of 2016 M.Manoharan .. Petitioner -Vs - 1.The Secretary to Government, Revenue Department, Fort St. George, Secretariat, Chennai-9.

2.The Principal Secretary/ Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.

3.The District Collector, Nagapattinam District, Nagapattinam.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus, calling for the records from the 2nd respondent in his proceedings NO.SER 3(3)/19706/2013 dated 18.2.2016 and quash the same and direct the 1st respondent to implement the direction passed in W.P.No.22402 of 2011 dated 21.2.2012. For Petitioner : M/S.D.Malarvizhi For Respondents: Mr. S.Thangavel, Spl.G.P.

ORDER

This Writ petition has been filed by the writ petitioner, to call for the records from the 2nd respondent in his proceedings NO.SER 3(3)/19706/2013 dated 18.2.2016 and quash the same and direct the 1st respondent to implement the direction passed in W.P.No.22402 of 2011 dated 21.2.2012. 2.On instructions from the client, who was personally available with the learned counsel throughout the Virtual Court proceedings, learned counsel appearing for the petitioner place her submissions before the Court.

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3.It is submitted by the learned counsel for the petitioner that in view of the punishment of stoppage of increment imposed on the petitioner, the petitioner's promotion to the post of Deputy Tahsildar was not granted. Hence his name was included in the panel of Deputy Tahsildar for the year 2009. Against the said punishment imposed, the petitioner has filed W.P. No.9044/13. Further, appeal has also been filed by the petitioner before the 2nd respondent/appellate authority. 4.It is fairly conceded by the learned counsel appearing for the petitioner that nothing survives for consideration for the present in this petition and the petitioner may be given liberty to proceed in accordance with law subject to the outcome of the decision in the appeal.

5.In view of the stand taken by the learned counsel for the petitioner, this writ petition is closed. Liberty is granted to the petitioner to proceed in accordance with law subject to the outcome of the decision in the appeal pending before the 2nd respondent/Appellate Authority. There shall be no order as to costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jrs To 1.The Secretary to Government, Revenue Department, Fort St. George, Secretariat, Chennai-9.

2.The Principal Secretary/ Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.

3.The District Collector, Nagapattinam District, Nagapattinam.

+1 cc to The Government Pleader, Sr.No. . 30485 W.P. NO.10111 of 2016 and W.MP.No.9009 of 2016 NRJK(CO) RMP(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/