K.G.Umapathy, v. The Commissioner Of Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 5.12.2018

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.4801 and 5011 of 2011 and M.P.No.1 & 1 of 2011 K.G.Umapathy ... Petitioner in both W.Ps.

Vs.

1.The Commissioner of Municipal Administration, Chepauk, Chennai 600 005.

2.Dr.Senthil Kumar, I.A.S., The Commissioner of Municipal Administration, Chepauk, Chennai 600 005.

3.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600 009.

...

Respondents in both W.Ps.

Prayer in W.P.No.5011 of 2011:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records relating to the impugned suspension order issued by the third respondent in G.O.(2D) No.27, MAWS Department, dated 24.2.2011 and to quash the same.

Prayer in W.P.No.4801 of 2011:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records relating to the impugned Charge Memo issued by the first respondent in Roc.No.6491/2011/ 02, dated 8.2.2011 and to quash the same.

For Petitioner in both W.Ps.

: Mr.T.Ranganathan For Respondents in W.P.No.4801/2011 : Mr.M.Karthikeyan, A.G.P.

For Respondents in W.P.No.5011/2011 : Mr.E.Neelakandan, Govt. Advocate ****** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel for the petitioner would submit that the present writ petitions are filed challenging the Charge memo, dated 8.2.2011 and the suspension order, dated 24.2.2011 passed by the first respondent and the third respondent respectively. Subsequent to the filing of the present writ petitions, the Government passed G.O.No.359 Municipal Administration and Water Supply, dated 7.9.2017 stating that charges framed against the petitioner were dropped.

2. In the light of the G.O.Ms.No.359, dated 7.9.2007 passed by the Government, the present writ petitions challenging the charge memo and the suspension order have become infructuous and nothing survives in the writ petitions. Consequently, both the writ petitions are dismissed as infructuous. It is open to the petitioner to approach authority concerned to seek regularisation for the suspension period, if so advised. No Costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vaan To 1.The Commissioner of Municipal Administration, Chepauk, Chennai 600 005.

2.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600 009. +1cc to Mr.T.Ranganathan, Advocate, S.R.No.84359 +2ccs to the Government Pleader, S.R.Nos.83999 and 83991 W.P.No.4801 and 5011 of 2011 and M.P.No.1 & 1 of 2011 PPA(CO) rrs 07/01/2019 https://hcservices.ecourts.gov.in/hcservices/