Madras High CourtWP/1107/2018disposed of

T.Kabilan, v. The Secretary To Government

2018-01-18Honourable Mr Justice T.Raja2 pages

hIN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.01.2018 Coram The Honourable Mr.Justice T.RAJA W.P.No.1107 of 2018 and W.M.P.No.1370 of 2018 T.Kabilan .. Petitioner -vs1.The Secretary to Government, Adi Dravidar and Tribal Welfare Dept., Secretariat, Chennai-9.

2.The Director of Adi Dravidar Welfare, Chepauk, Chennai-5.

3.The District Adi Dravidar and Tribal Welfare Officer, Villupuram.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the first respondent to dispose of the appeal of the petitioner dated 25.09.2017.

For Petitioner :

Mr.S.Vijayakumar For Respondent :

Mr.R.S.Selvam, Govt. Advocate.

* * * * *

O R D E R

This writ petition has been filed by Mr.T.Kabilan seeking mandamus to the appellate authority, the first respondent herein, to dispose of his pending statutory appeal filed against an order dated 09.08.2017 imposing punishment of recovery of Rs.5,46,434/-, at an early date, on merits.

2.Learned counsel appearing for the petitioner submitted that as the order of punishment of recovery of Rs.5,46,434/- https://hcservices.ecourts.gov.in/hcservices/

passed on 09.08.2017 is without any proper reasoning, a statutory appeal has been filed. As the petitioner has got a fair chance, a direction may be issued to dispose of the appeal, so that he need not pay the said amount.

3.Learned Government Advocate, taking notice on behalf of the respondents, submits that the respondent will consider the pending appeal within a reasonable period of time. 4.Since, during the pendency of the writ petition, an order of recovery has also been issued, the respondents are directed to dispose of the pending appeal first and then, to proceed for recovery, depending upon the outcome of the appeal. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P.No.1370 of 2018 is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare Dept., Secretariat, Chennai-9.

2.The Director of Adi Dravidar Welfare, Chepauk, Chennai-5.

3.The District Adi Dravidar and Tribal Welfare Officer, Villupuram.

+1cc to Mr.S.VIJAYAKUMAR Advocate, S.R.No. 3839 +1cc to the Government Pleader, S.R.No. 4090 W.P.No.1107 of 2018 NRI(CO) TR(07/02/2018) https://hcservices.ecourts.gov.in/hcservices/