Madras High CourtWP/28499/2017disposed of

P.Sathiya Prabhu v. The Government Of Tamilnadu

2018-07-19Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 19.07.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.28499 of 2017 P.Sathiya Prabhu

...Petitioner

Versus

1. The Government of Tamilnadu, Represented by the Secretary to the Government, School Educational Department, Secretariat, Fort St.George, Chennai

2. The Joint Director of Elementary Education(Administration), Directorate of Elementary Education(Admin), DPI Campus, Chennai-6

3. The District Elementary Educational Officer, Namakkal-637 001

4. The Assistant Elementary Educational Officer, Senthamangalam Union, Namakkal District - 637 405 .. Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to dispose of Revision filed by the petitioner on 20.03.2017 within a reasonable time as this Court may deem proper.

For Petitioner : Mr.V.Raghavachari For Respondents : Mrs.P.Kavitha, Government Advocate

ORDER

Mrs.P.Kavitha, learned Government Advocate accepts notice on behalf of the respondents.

2. The grievance of the petitioner in this writ petition is inaction of the first respondent in disposal of the revision filed by him against the order passed in the disciplinary proceedings by the third respondent which has been confirmed by the second respondent in the appeal, even though the same was filed dated back on 20.03.2017 and therefore the petitioner came to challenge such inaction seeking a direction to direct the first respondent to dispose of the revision on merits within a stipulated period.

3. During the course of hearing, the learned counsel appearing for the writ petitioner submits that since the first respondent is guilty of inaction in not disposing of the revision even though the same was filed on 20.03.2017 by him, the petitioner came to file the writ petition seeking aforesaid relief.

4. The learned counsel appearing for the respondents would submit that the first respondent would have no objection for disposal of such revision within the period as directed by this Court, if the same is pending and there is no other legal impediment.

5. Considering the aforesaid facts and submissions this Court disposes of this writ petition without seeking any reply affidavit of the respondents with a direction to the first respondent to dispose of the revision filed by the petitioner, if the same is pending, within a period of six weeks from the date of receipt of a copy of this order on its own merits, if there is no other legal impediment.

6. With the aforesaid order, the writ petition stands disposed of. However in the circumstances no order as to costs. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar lok To

1. The Secretary to the Government, The Government of Tamilnadu, School Educational Department, Secretariat, Fort St.George, Chennai

2. The Joint Director of Elementary Education(Administration), Directorate of Elementary Education(Admin), DPI Campus, Chennai-6

3. The District Elementary Educational Officer, Namakkal-637 001

4. The Assistant Elementary Educational Officer, Senthamangalam Union, Namakkal District - 637 405 +1cc to Mr.V.RAGHAVACHARI, Advocate, S.R.No.48112 +1cc to the Government Pleader, S.R.No. 48918 W.P.No.28499 of 2017 TR(03/08/2018)