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Madras High CourtWP/34190/2017dismissed

A.Sundaramoorthy v. The Tahsildar

2018-01-03Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2018

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.34190 of 2017 A.Sundaramoorthy ...

Petitioner Vs.

1.The Tahsildar, Kattumannarkoil Taluk Office, Kattumannarkoil - 608301, Cuddalore District.

2.The Revenue Divisional Officer, Chidambaram-608 001.

3.The District Revenue Officer, Cuddalore-607 001.

4.The District Collector, Cuddalore-607 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to regularize the period of suspension of the petitioner from 01.08.2006 to 06.11.2006 A.N. (3 months and 6 days) and to regularize the period of compulsory retirement from 06.11.2006 to 21.06.2007 (7 months and 15 days) as duty period for all purposes and to pay the arrears of pay and allowance with all service and monetary benefits.

For Petitioner : Mr.R.Baskaradoss For Respondents : Mr.M.Digvijaya Pandian Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus directing the first respondent to regularize the period of suspension of the petitioner from 01.08.2006 to 06.11.2006 A.N. (3 months and 6 days) and to regularize the period of compulsory retirement from 06.11.2006 to 21.06.2007 (7 months and 15 days), as duty period for all purposes and to pay the arrears of pay and allowance with all service and monetary benefits.

https://hcservices.ecourts.gov.in/hcservices/

2. The prayer in the writ petition is wholly misconceived for the reason that although the petitioner was imposed with penalty of compulsory retirement, vide order dated 07.11.2006 in Na.Ka.A8/513/2005, passed by the Sub-Collector, Chidambaram, on appeal, the said order was set aside by the second respondent viz., Revenue Divisional Officer, Chidambaram, vide order dated 31.05.2007 and the matter was remanded to the Disciplinary Authority for fresh disposal in accordance with law. However, fresh enquiry commenced has not come to an end till date and therefore, the petitioner cannot maintain this writ petition seeking peculiar prayer to regularize the period of compulsory retirement.

3. This Writ Petition is misconceived and accordingly, it is dismissed. No costs.

Sd/- Assistant Registrar(CS V ) //True copy// Sub Assistant Registrar jvm To 1.The Tahsildar, Kattumannarkoil Taluk Office, Kattumannarkoil - 608301, Cuddalore District.

2.The Revenue Divisional Officer, Chidambaram-608 001.

3.The District Revenue Officer, Cuddalore-607 001.

4.The District Collector, Cuddalore-607 001.

+1cc to Government Pleader SR.No.442 W.P.No.34190 of 2017 AK(CO) GN(19/01/2018) https://hcservices.ecourts.gov.in/hcservices/