Madras High CourtWP/10235/2021dismissed as infructuous

A.Chinniah Kumar v. Managing Director,

2024-03-18Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.10235 of 2021 and W.M.P.No.10840 of 2021 A.Chinniah Kumar ...

Petitioner Vs.

1. The Managing Director, Tamilnadu Housing Board, C.M.D.A. Complex, E and C Market Road, Koyambedu, Chennai - 600 107.

2. Principal Secretary, Housing and Urban Development, Department, Secretariat, Chennai - 600 009.

3. Executive Engineer & ADO, Tirunelveli Housing Unit, Tamilnadu Housing Board, Perumalpuram, Tirunelveli - 627 007.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to pay the subsistence allowance not exceeding provisional pension as stated by the 1st Respondent in his Board proceedings No.PT3/19038/2019, dated 25.04.2020 payable from 01.05.2020 up to date and continue to pay the same till the disposal of the criminal case.

For Petitioner :

Mr.Y.Ramanaiah For Respondents For R1 and R3 :

Mr.D.Veerasekaran For R2 :

Mr.T.Chezhiyan, Additional Government Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction to the respondents 1 and 2 to pay the subsistence allowance not exceeding provisional pension as stated by the 1st Respondent in his Board proceedings No.PT3/19038/2019, dated 25.04.2020 payable from 01.05.2020 up to date and continue to pay the same till the disposal of the criminal case.

2. It is seen from the Counter affidavit filed by the 1st respondent that the writ petitioner was sanctioned subsistence allowance for the period from 01.05.2020 to 30.04.2023 vide Respondent/Board's Memo No.Pen 1/ 16718/2020, dated 22.04.2022.

3. In view of the above, nothing survives for further adjudication in this case. Hence, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 18.03.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

1. The Managing Director, Tamilnadu Housing Board, C.M.D.A. Complex, E and C Market Road, Koyambedu, Chennai - 600 107.

2. Principal Secretary, Housing and Urban Development, Department, Secretariat, Chennai - 600 009.

3. Executive Engineer & ADO, Tirunelveli Housing Unit, Tamilnadu Housing Board, Perumalpuram, Tirunelveli - 627 007.

R.N.MANJULA ,J.

vum W.P. No.10235 of 2021 and W.M.P.No.10840 of 2021 18.03.2024