Madras High CourtWP/23861/2017disposed of

K.Arunagiri v. The Joint Commissioner

2017-09-05Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.23861 of 2017 K.Arunagiri ... Petitioner Vs 1.Joint Commissioner, HR & CE Department, Balasundaram Street, Coimbatore.

2.V.K.Velusamy 3.V.N.Palaniyappan 4.V.C.Kumarasamy 5.V.V.Palanisamy 6.V.T.Shanmuga Sundaram 7.S.Vijyakumar 8.V.K.Natrajan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 1st respondent, the Joint Commissioner, HR &CE, Coimbatore to pass final order in O.A.No.10 of 2007 filed under Section 63(b) of HR & CE Act.

For Petitioner : Mr.G.Sugumaran For Respondents : Mr.M.Maharaja, Special Government Pleader(R1)

ORDER

Mr.M.Maharaja, learned Special Government Pleader takes notice for the 1st respondent. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writs of mandamus directing the 1st respondent, the https://hcservices.ecourts.gov.in/hcservices/

Joint Commissioner, HR &CE, Coimbatore to pass final order in O.A.No.10 of 2007, filed under Section 63(b) of HR & CE Act.

3. The learned counsel appearing for the petitioner submitted that the petitioner's application filed under Section 63(b) of the HR & CE Act is pending for more than 10 years and therefore, the 1st respondent should be directed to pass orders on the petitioner's application, within a time frame, in accordance with law.

4. Mr.M.Maharaja, learned Special Government Pleader, appearing for the 1st respondent submitted that the 1st respondent may be directed to consider and pass orders on the petitioner's application, in accordance with law, within four weeks' time.

6. In view of the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's application in O.A.No.10 of 2007, filed under Section 63(b) of the HR & CE Act, and pass orders orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to all the interested parties.

With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rg To The Joint Commissioner, HR & CE Department, Balasundaram Street, Coimbatore.

+2cc's to Mr.G.Sugumaran, Advocate, S.R.No.63829 +1cc to the Government Pleader, S.R.No.64472 W.P.No.23861 of 2017 CS V CA(07/09/2017) https://hcservices.ecourts.gov.in/hcservices/