M.Kumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2019
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No14694 of 2019 M.Kumar
...Petitioner
vs.
1. The Commissioner, No.807, Anna Salai, Chennai - 600 002.
2. The Assistant Commissioner, Villupuram Region, Hospital Road, Villupuram - 605 602.
3. Mr.A.N.Logesh
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, to direct the 1st respondent to initiate disciplinary action against the 3rd respondent in accordance with law based on the petitioner representation dated 09.05.2019.
For Petitioner : Mr.S.Vijayakumar For Respondents : Mr.A.N.Thambi Durai Special Government Pleader
ORDER
The Writ Petition has been filed by the petitioner seeking direction to direct the first respondent to initiate disciplinary action against the third respondent in accordance with law based on the petitioner representation dated 09.05.2019. 2.The case of the petitioner is that the petitioner is a local resident. He made complaint to all the Authorities including the first and second respondents seeking to intervene into the matter and initiate appropriate action against the third respondent, who was the former Assistant Director in Town
and Country Planning for deviation and violation in the construction of Private School building. The School building was locked and sealed by the Authorities on 27.12.2017 due to violation in the construction. The School Management challenged the lock and sealing of the building and filed a Writ Petition before this Court in W.P.No.997 of 2018. The third respondent has not complied the conditions and allegedly disobeying the Government Order and he was favouring to the private school. Earlier, the third respondent was arrested and remanded to judicial custody under the Prevention of Corruption Act for receiving a bribe of Rs.30,000/- from the real estate owner. Since the third respondent favouring to the private school, the petitioner sent a detailed representation dated 09.05.2019, to the first respondent to initiate disciplinary action against the third respondent. However, till date the representation was not considered. Hence, the present Writ Petition has been filed before this Court.
3.The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues direction to the first respondent to consider the representation submitted by the petitioner and to dispose of the same within a reasonable time as fixed by this Court.
4.Without going into the merits of the case, I am inclined to issue direction to direct the first respondent to consider the representation and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order after affording opportunity to the third respondent.
5.With the above direction, the Writ Petition stands disposed of. No costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar pam To
1. The Commissioner, No.807, Anna Salai, Chennai - 600 002.
2. The Assistant Commissioner, Villupuram Region, Hospital Road, Villupuram - 605 602.
+1 CC to The Govt. Pleader sr 94582.
+1 CC to Mr.N. Ramesh, Advocate sr 95210.
W.P.No14694 of 2019 SJ(CO) SP(17/12/2019)