Kulandaivelu v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.35175 of 2015 Kulandaivelu ... Petitioner Vs.

The State of Tamil Nadu Rep by the Assistant Director of Survey and Land Records, Collectorate, Krishnagiri, Krishnagiri District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to reinstate the petitioner in service. For Petitioner : Mrs.Selvi George For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, this writ petition is taken up for final disposal.

2. This writ petition is filed for Mandamus, directing the respondent to reinstate the petitioner in service.

3. The petitioner has averred in the affidavit filed in support of this writ petition that he appointed as Field Assistant, Municipal Office, Hosur on 13.06.2005 and by virtue of the order passed by the respondent dated 23.07.2009, he was placed under suspension, by invoking clause 2 of sub-rule (e) of Rule 17 of the Tamil Nadu Civil Service (Discipline and Appeal) Rules, until further orders on the ground that he was trapped in a bribery case for having demanded a sum of Rs.5,000/- for change of patta.

4. It is the claim of the petitioner that the Vigilance and Anti Corruption filed a case against him and the same was taken on file as C.C.No.3 of 2001 on the file of Chief Judicial Magistrate, Krishnagiri and the charge sheet has been quashed by this Court in Crl.O.P.No.23612 of 2013 dated 18.08.2015.

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5. Learned counsel appearing for the petitioner would submit that since the criminal case against the petitioner is now quashed, the petitioner is entitled for reinstatement and in this regard, the petitioner has submitted representations dated 07.09.2015 and 28.09.2015 and since no orders have been passed, the present writ petition is filed.

6. Heard the submissions of Mrs.Selvi George, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondent.

7. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, permits the petitioner to submit one more representation to the respondent by enclosing the copy of the earlier representations dated 07.09.2015 and 28.09.2015 and the respondent, on receipt of the same, is directed to consider and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of the representation and communicate the decision taken, to the petitioner.

The Writ Petition is disposed of accordingly. No costs. sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR vsm To The Assistant Director of Survey and Land Records, Collectorate Buildings, Krishnagiri, Krishnagiri District.

+1 CC to Mrs.Selvi George Advocate. SR.NO. 59712 +1 CC to Govt.Pleader. SR.NO. 60131 W.P.No.35175 of 2015 CO-AD JD 27/11/2015 https://hcservices.ecourts.gov.in/hcservices/