Madras High CourtWP/7358/2017disposed of

V.Kamalapathy v. The Secretary

2017-03-27Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7358 of 2017 V.Kamalapathy ... Petitioner vs.

1) The Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2) The District Collector, Salem, Salem District.

3) The sub Collector cum Revenue Divisional Officer, Mettur Dam-1, Salem District.

4) The Tahsildar, Taluk Officer, Mettur Taluk, Salem District. ... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to treat the suspension period of 4 years 2 months and 18 days as duty, consequently sanction and pay the salary for the said period and terminal benefits including family pension payable to the petitioner by considering his representation dated 17.10.2016.

For Petitioner : Mr.M.Elango For Respondents : Mr.T.M.Pappiah Special Govt. Pleader

ORDER

By consent, the Writ petition is taken up for final disposal.

2.This writ petition has been filed seeking for issuance of writ of Mandamus directing the respondents to treat the suspension period of 4 years 2 months and 18 days as duty, consequently sanction and pay the salary for the said period and terminal benefits including family pension payable to the petitioner by considering his representation dated 17.10.2016.

3. Though very many contentions have been raised in this petition, at the time of hearing, the learned counsel appearing for the petitioner submitted that the petitioner has given further representation dated 17.10.2016 and it would be suffice if this Court directs the respondents to consider the same and pass appropriate orders.

4. Heard the submissions of the learned counsel appearing for the petitioner as well as the learned Special Government pleader, who takes notice for respondents.

5. Considering the submissions made on either said and without going into the merits of the claims made by the petitioner, this Court directs the respondents to consider the further representation of the petitioner dated 17.10.2016 on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner.

6. The writ petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To

1) The Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2) The District Collector, Salem, Salem District.

3) The sub Collector cum Revenue Divisional Officer, Mettur Dam-1, Salem District.

4) The Tahsildar, Taluk Officer, Mettur Taluk, Salem District.

+1cc to Mr.Elango, Advocate, S.R.No.19150 +1cc to the Government Pleader, S.R.No.19556 W.P.No.7358 of 2017 CP(CO) RS(17/05/2017)