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Madras High CourtWP/37311/2015disposed of

S.Parimalam, v. The Managing Director,

2016-09-27Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.37311 of 2015 S.Parimalam ... Petitioner vs.

1.The Managing Director, Egmore, Chennai-600 008.

2.The Senior Regional Manager, Coimbatore.

3.The District Manager/Deputy Collector, Erode District ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to pass orders on the petitioner's representation dated 29.01.2014 within a stipulated period as fixed by this Court.

For Petitioner :

Mr.S.Parthasarathy For Respondents :

Mr.C.Kasirajan

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition seeking for issuance of a writ of mandamus, directing the second respondent to pass orders on the petitioner's representation dated 29.01.2014 within a stipulated period.

3. It is the case of the petitioner that on 28.01.2004, he was appointed as a Bar Attendar in Shop No.3682 at Sathyamangalam TASMAC shop, on contract basis in Erode on consolidated pay of Rs.1,500/- per month. He was sponsored through District Employment Office, Coimbatore District. At the time of appointment, he had been called upon to deposit a sum

of Rs.50,000/- as security deposit. After depositing the same, he was in-charge of Shop No.3697. Right from the date of appointment, he was working in the shop without any remarks.

4. It is the further case of the petitioner that he had submitted the accounts of the sales to the third respondent promptly. On 05.04.2008, he met with an accident and his ailment and treatment was informed to the third respondent with a leave letter. After recouping his health, the petitioner had approached the third respondent on several dates and gave a representation to permit him to join duty. Inspite of receipt of the same, no orders has been passed. The petitioner approached the second respondent on 29.01.2014, in person to permit him to join the duty, but till date no orders had been passed. Therefore, the petitioner has preferred the present writ petition.

5. I have heard the learned counsel appearing for the petitioner and the learned counsel, who has taken notice on behalf of the respondents.

6. This Court, without going into the merits of the case, direct the petitioner to give a copy of the representation dated 29.01.2014, along with a copy of this order, to the second respondent and on receipt of the same, the second respondent is directed to pass appropriate orders, on merits and in accordance with law, after affording an opportunity of person hearing to him and decide the same purely on merits, within a period of four weeks from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Managing Director, Egmore, Chennai-600 008.

2.The Senior Regional Manager, Coimbatore.

3.The District Manager/Deputy Collector, Erode District +1 cc to Mr.S.Parthasarathy,advocate,sr.55101 +1 cc to Mr.C.Kasirajan,advocate,sr.55142.

Scd(co) krd 24/10 W.P.No.37311 of 2015