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Madras High CourtWP/1375/2016disposed of

R.Raveendran, v. The Additional Chief Secretary

2023-02-20Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH R.Raveendran

...Petitioner

-Vs1.The Additional Chief Secretary/ The Commissioner for Revenue Administration, Chepauk, Chennai - 05.

2.The Director of School Education, DPI Complex, College Road, Chennai - 06.

3.The Joint Director of School Education, DPI Complex, College Road, Chennai - 06.

4.The Chief Education Officer, Cuddalore.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings Letter No.Vaa.Nee.3(3)/12004/2012 dated 09.03.2015 and the consequential impugned order passed by the 4th respondent in his proceedings Na.Ka.No. 1/4

1772/A3/2009 dated 31.07.2015 and quash the same and direct the respectfully to correct the date of birth as 13.07.1964 instead of 18.05.1963 based on the Elementary School certificate and the same may be entered in the Service Register.

For Petitioner : Mr.R.S.Anandan For Respondents : Mr.T.M.Rajangam, Government Advocate

ORDER

Heard Mr.R.S.Anandan, learned counsel for the petitioner and Mr.T.M.Rajangam, learned Government Advocate for the respondents.

2. The petitioner's request for alteration of his Date of Birth in the service register was rejected by the fourth respondent through the proceedings dated 31.07.2015, wherein a reference has been made to the communication of the first respondent herein dated 09.03.2015.

3. As against the order passed by the fourth respondent on 31.07.2015, the petitioner had preferred an appeal on 03.10.2015 before the first respondent, which is said to be still pending. While the appeal before the statutory authority is pending for the same cause of action, this Court, 2/4

exercising its powers under Article 226 of the Constitution of India, will not parallely proceed with the present Writ Petition for the same cause of action. Nevertheless, if the appellate authority is directed to dispose of the appeal within a stipulated time, the ends of justice could be secured.

4. In the light of the above observation, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal petition dated 03.10.2015, within a period of four weeks from the date of receipt of a copy of this order, if not already disposed of. Accordingly, the Writ Petition stands disposed of. No costs.

20.02.2023 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Additional Chief Secretary/ The Commissioner for Revenue Administration, Chepauk, Chennai - 05.

2.The Director of School Education, DPI Complex, College Road, Chennai - 06.

3.The Joint Director of School Education, DPI Complex, College Road, Chennai - 06.

4.The Chief Education Officer, Cuddalore.

W.P.No.

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