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Madras High CourtWP/4874/2017disposed of

V.Anbazhagan, v. The State Of Tamil Nadu

2017-02-28Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.02.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.4874/2017 V. Anbazhagan, .. Petitioner

Versus

1.

The Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Fort St. George, Chennai-600 009.

2.

The Commissioner of Revenue Administration, Chepauk, Chennai-600 005 3.

The District Collector, Ariyalur District, Ariyalur.

4.

The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

5.

The Tahsildhar, Jayankondam Taluk, Ariyalur District

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the Respondents to pass orders by allowing the Petitioner to retire from service on the date of retirement on 30.04.2010 in the post of Village Administrative Officer, Piranjeri Village, Udayarpalayam Taluk, Ariyalur District with all consequential and other attendant benefits including regular pension and other benefits along with interest by considering the representation submitted by the petitioner dated 24.04.2016 within a time frame to be fixed by this Hon'ble Court.

For Petitioner :

M/s. G. Sankaran For Respondents :

Mr.K.Dhananjayan, Spl GP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents.

The petitioner, on an earlier occasion, filed OA.No.6894/2000 on the file of the Tamil Nadu Administrative Tribunal, praying for quashment of the proceedings dated 29.08.2000, 29.04.2010 and 03.05.2010 on the file of the Revenue Divisional Officer, Udayarpalayam, Permbalur District and to direct the respondents 1, 3 and 4 herein, to issue orders permitting the petitioner to retire from the post of Village Administrative Officer, on reaching the age of superannuation on 30.04.2010 AN with all attendant benefits and to settle retiral/terminal benefits arising out of service rendered. The Tamil Nadu Administrative Tribunal was abolished and therefore, the Original Application was transferred to the file of this Court and numbered as WP.No.45168/2006 and it was disposed of on 08.12.

2010 by setting aside the orders and remanding the matter once again for conducting de nova enquiry. The grievance now expressed by the petitioner is that though the said order came to be passed as early as on 08.12.2010, it is yet to be complied with and in this regard, the petitioner has also submitted a representation dated 24.04.2016 and despite receipt and acknowledgment, so far no orders have been passed and hence, the petitioner came forward to file the present writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit one more representation to the respondents 3 and 4 within a period of two weeks from the date of receipt of a copy of this order and upon receipt of the same, the respondents 3 and 4 shall take into consideration the order dated 08.12.2010 made in WP.No.45168/2006 [OA.No.6894/2000] and consider the said representation of the petitioner on merits and in accordance with law and pass orders within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar AP To 1.

The Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Fort St. George, Chennai-600 009. 2.

The Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

3.

The District Collector, Ariyalur District, Ariyalur.

4.

The Revenue Divisional Officer, Udayarpalayam,Ariyalur District.

5.

The Tahsildhar, Jayankondam Taluk, Ariyalur District.

+2ccs to Government Pleader sr.13573&13414 +1cc to Mr.G.Sankaran,Advocate sr.13253 WP.No.4874/2017 sv(co) ss(13.3.2017)