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Madras High CourtWP/3968/2020disposed of

R.Manikantan v. The State Of Tamil Nadu

2020-02-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.3968 of 2020 R.Manikantan ... Petitioner -Vs1. The State of Tamil Nadu rep.by the Principal Secretary to Government Housing and Urban Development Department, St.George Fort, Chennai.

2. The Principal Secretary/ Commissioner of Town and Country Planning (FAC) Directorate of Town and Country Planning, 807, Annasalai, Chennai-2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to consider the petitioners representation dated 10.12.2019 by reinstating him with consequential monetary benefits. For Petitioner : Mr.S.Nagarajan For Respondents : Mr.S.N.Parthasarathi Government Advocate

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner and to revoke the order of suspension passed against the petitioner.

2.

The case of the petitioner is that he was working as a Supervisor / Draughts man Grade II. A Criminal case came to be registered against the petitioner in Crime No.10 of 2018 for an offence under Section 7 of the Prevention of Corruption Act. The petitioner was arrested and remanded to Judicial custody and therefore, an order of suspension came to be passed by the 2nd

respondent on 02.01.2019. The suspension was prolonged for a long time and therefore, the petitioner made a representation seeking for revocation of suspension. Since the suspension was not revoked, the petitioner approached this Court and filed WP No.21631 of 2019, challenging the order of suspension. This Court by an order dated 13.11.2019, disposed of the writ petition with a liberty to the petitioner to seek for review of the order of suspension by making representation to the respondents. Pursuant to the orders passed, the petitioner made a representation to the 2nd respondent on 10.12.2019, seeking for review of the order of suspension and for reinstatement of the petitioner. Since the same was not considered by the respondents, the present writ petition has been filed before this Court.

3.

Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 4.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner dated 10.12.2017 and deal with the same on its own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with earlier representation dated 10.12.2017 and also a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rka To

1. The State of Tamil Nadu rep.by the Principal Secretary to Government Housing and Urban Development Department, St.George Fort, Chennai.

2. The Principal Secretary/ Commissioner of Town and Country Planning (FAC) Directorate of Town and Country Planning, 807, Annasalai, Chennai-2.

+1cc to Mr.S.Nagarajan, Advocate, S.R.No.14429 W.P.No.3968 of 2020 PVS(CO) KKV/19/05/2020