A.Elaiyaraja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.14471 of 2021 and W.M.P. Nos.15352 & 15354 of 2021 A.Elaiyaraja ..Petitioner

Versus

1. The Commissioner, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Additional Chief Secretary to Government, Secretariat, Shankar Road, Fort St. George, Chennai - 600 009.

3. The Commissioner and Special Officer, Vellore City Municipal Corporation, Vellore.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of suspension dated 08.12.2020 issued by the 3rd respondent in his proceedings in Roc.No.7333/2019/H1(Main) and quash the same as illegal and direct the respondents to revoke the suspension and reinstate the petitioner by considering his representations dated 28.12.2020 and 27.01.2021 within the period that may be stipulated by this Court.

For Petitioner : Mr.R.Gandhi For Respondents : Mr.C.Kathiravan Government Advocate

O R D E R This Writ Petition has been filed for issuance of a Writ of Certiorarifed Mandamus calling for the records relating to the impugned order of suspension dated 08.12.2020 issued by the 3rd respondent in his proceedings in Roc.No.7333/2019/H1(Main) and quash the same as illegal and direct the respondents to revoke the suspension and reinstate the petitioner by considering his representations dated 28.12.2020 and 27.01.2021 within a period that may be stipulated by this Court.

2.The learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner which is for revocation of the order of suspension. The petitioner has submitted the representations on 28.12.2020 and 27.01.2021.

3.Having regard to the limited scope of the prayer that is now sought by the petitioner's counsel, without expressing any opinion on the merits of the petitioner's representations or the case pleaded before this Court, this writ petition is disposed of with a direction to the second and third respondents to consider and pass orders on the petitioner's representations dated 28.12.2020 and 27.01.2021, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To

1. The Commissioner, Santhome High Road,MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Additional Chief Secretary to Government, Secretariat, Shankar Road, Fort St. George, Chennai - 600 009.

3. The Commissioner and Special Officer, Vellore City Municipal Corporation, Vellore.

+1cc to the Government Pleader, S.R.No.35003 W.P.No.14471 of 2021 and W.M.P. Nos.15352 & 15354 of 2021 PCH(CO) RGA(17/08/2021)