R.Subburam, v. The District Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.38805 of 2015 R.Subburam ..PETITIONER Vs The District Manager Tamil Nadu State Marketing Corporation Ltd Ware Corporation Complex, 59-A, Chennai Trunk Road, Villupuram ..RESPONDENT Prayer : The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to dispose of the petitioner's representation dated 25.11.2015. For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr.S.Muthuraj

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The writ petition is filed seeking writ of Mandamus directing the respondent to dispose of the representation of the petitioner dated 25.11.2015.

3. The case of the petitioner is that he was appointed as a Salesman in the respondent Corporation on 05.01.2004. On 15.04.2015, the respondent inspected the shop No. 11587 and found shortage of fund to the tune of Rs.28,907/-. So, a criminal case was registered against A.Elangovan and S.Janarthanan in Crime No.144 of 2015.

4. The petitioner further states that the said S.Janarthanan, paid the entire deficit amount on 16.04.2015. However, the respondent placed the petitioner and other two persons under suspension on 16.04.2015 and the respondent also proceeded with departmental action and imposed punishment of fine of Rs.15,000/-. Subsequently, the main person Viz., S.Janarthanan, who was involved in the criminal case, paid the entire amount, was exonerated from the charge and his https://hcservices.ecourts.gov.in/hcservices/

suspension order was revoked and he was reinstated into service by order dated 30.10.2015.

5. In view of the above facts, the petitioner sent a representation dated 25.11.2015 to revoke the suspension against the petitioner. Since it was not considered favourably, the petitioner has filed the present writ petition.

6. Heard Mr.S.Ilamvaludhi, learned counsel for the petitioner and Mr.S.Muthuraj, learned counsel for the respondent.

7. This Court considering the limited scope of prayer sought for by the petitioner and without going into the merits of the case, directs the respondent to consider the petitioner's representations dated 25.11.2015 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 this order and communicate the decision taken, to the petitioner. With the above direction, this writ petition is disposed of accordingly. No costs.

Sms Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The District Manager Tamil Nadu State Marketing Corporation Ltd Ware Corporation Complex, 59-A Chennai Trunk Road, Villupuram +1 C.C. To MR.S.Ilanmvaludhi, Advocate in SR.NO.66222 W.P.No.38805 of 2015 NM(CO) sd : 04/01/2016 https://hcservices.ecourts.gov.in/hcservices/