Madras High CourtWP/10987/2024disposed of

S.Vijayalakshmi v. The Joint Commissioner (St)

2024-04-23Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY S. Vijayalakshmi ... Petitioner -Vs1. The Joint Commissioner (ST) Tirupur Division First Floor, AEPC Buildings, Tiruppur.

2. The Assistant Commissioner (ST) Kangeyam Assessment Circle, 260 & 261, Tiruppur Road, Kangeyam 638 701. ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to consider and pass orders on the petitioner's representation dated 05.02.2024 seeking for revocation of order of suspension vide Proceedings of the 1st respondent bearing 346/2023/A3, dated 20.09.2023. For Petitioner : Mr.M.Himavanth For Respondents : Mrs.K.Vasanthamala

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus to direct the 1st respondent to consider and pass orders on the petitioner's representation dated 05.02.2024 seeking for revocation of order of suspension vide Proceedings of the 1st respondent bearing 346/2023/A3, dated 20.09.2023.

2. The petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act by judgment dated 13.09.2022. Even though sentence was suspended on appeal, the Appellate Court also while confirming punishment only modified the sentence by judgment dated 18.08.2023. Pursuant to the judgment of the Appellate Court, the petitioner was taken into custody and thereafter the petitioner has filed a criminal revision before this Court and thereafter the petitioner came out on bail. Since the petitioner was in custody for more than 48 hrs, the order of suspension dated 20.09.2023 has been passed.

3. The learned counsel for the respondents submitted that the petitioner did not even inform the custody and only upon coming to know from the other source, impugned order has been passed.

4. The learned counsel for the petitioner submitted that the petitioner is not questioning the order of suspension but has only made representation dated 08.02.2024 requesting the respondents to revoke the suspension.

5. The petitioner was suspended only on 05.09.2023, it is for the respondents to take up the question of review of suspension as per the rules and procedure. The petitioner has made a representation dated 08.02.2024 and the same shall also be taken into account while reviewing the suspension as per rules.

6. With the above observations, the writ petition is disposed of. No costs.

23.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq To

1. The Joint Commissioner (ST) Tirupur Division First Floor, AEPC Buildings, Tiruppur.

2. The Assistant Commissioner (ST) Kangeyam Assessment Circle, 260 & 261, Tiruppur Road, Kangeyam 638 701.

D. BHARATHA CHAKRAVARTHY , J.

dpq 23.04.2024