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Madras High CourtWP/6019/2020dismissed as infructuous

A.Jagadeesan v. The State Of Tamil Nadu

2023-06-01Honourable Mr Justice Battu Devanand5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HON'BLE MR. JUSTICE BATTU DEVANAND A.Jagadeesan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director Fire & Rescue Service Tamil Nadu, No.17, Rukmani Lakshmi Salai, Egmore, Chennai - 600 008.

3.The Deputy Director, Fire & Rescue Service - Southern Region, Madurai.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 30.05.2019 and 16.12.2019 and revoke the suspension of the petitioner. For Petitioner :

Mr.M.Sivavarthanan 1/5

For Respondents :

Mr.S.John J.Raja Singh Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for a direction to the 2nd respondent to consider the representations of the petitioner dated 30.05.2019 and 16.12.2019 and revoke the suspension of the petitioner.

2. Heard the learned counsel for the petitioner and the Additional Government Pleader appearing for the respondents.

3. Learned counsel for the petitioner submits that subsequent to the filing of this Writ Petition, the petitioner attained the age of superannuation on 31.01.2023. But the respondents did not permit the petitioner to retire from service, by proceedings dated 18.01.2023 due to the reason that the disciplinary proceedings are pending against the petitioner.

4. Learned counsel for the petitioner also contended that the criminal case registered against the petitioner was dismissed by the competent Court of Law by acquitting the petitioner from the charges levelled against him. 2/5

5. Having heard the submissions of the learned counsel for the petitioner and on careful perusal of the material available on record, it appears that, in view of the subsequent development after filing of this Writ Petition, it appears this Writ Petition has become infructuous and no orders are required to be passed in this Writ Petition, to direct the second respondent to consider the representations of the petitioner dated 30.05.2019 and 16.12.2019.

6. Accordingly, this Writ Petition is dismissed as infructuous. Granting liberty to the petitioner to file appropriate petition before the appropriate Court of Law, if the petitioner is having any grievance, if so advised.

7. No Costs.

01.06.2023 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director Fire & Rescue Service Tamil Nadu, No.17, Rukmani Lakshmi Salai, Egmore, Chennai - 600 008.

3.The Deputy Director, Fire & Rescue Service - Southern Region, Madurai.

4/5

BATTU DEVANAND. J., ab 01.06.2023 5/5