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Madras High CourtWP/2232/2016disposed of

K.V.Suresh v. The Director Of Municipal

2016-06-02Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.2232 of 2016 WMP.No.1918 of 2016 K.V.Suresh Petitioner Vs 1.The Director of Municipal Administration Chepauk, Chennai-6 2.The Commissioner, Vaniambadi Municipality Vellore District 3.The Commissioner, Dharmapuri Municipality Dharmapuri Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the order of the 1st Respondent in proceedings in ROC.No.34225/2014/K3, dated 30.12.2015 and to quash the same.

For Petitioner :

Mr.V.M.G.Ramakkannan For Respondent :

Mr.A.Kumar, SGP-R1 Mr.A.Sri Jayanthi-RR2&3

ORDER

In this Writ Petition, the Petitioner seeks for issuance of a Writ of Certiorari to call for the records relating to the order of the 1st Respondent in proceedings in ROC.No.34225/2014/K3, dated 30.12.2015 and to quash the same.

2. This Court heard and considered the submissions made by the learned counsel on either side.

3. After some elaborate arguments, the learned counsel for the Petitioner has, now, submitted that since nearly six months had elapsed from the date of his suspension i.e. 30.12.2015, the Petitioner may be permitted to submit a representation, seeking to cancel the suspension, as no further steps have been taken in the First Information Report and in the charge sheet as well and that the Petitioner would cooperate with https://hcservices.ecourts.gov.in/hcservices/

the enquiry and on such representation being made, the concerned Authority may be directed to dispose of the same, at the earliest.

4. On the other hand, it is the submission of the Respondents that it is always open to the Petitioner to make a representation and if any such representation is received, the same would be considered and disposed of, on merits.

5. Considering the submissions of the learned counsel on either side, without going into the merits of the case, the Petitioner is permitted to make a representation, seeking for review of the suspension, within a period of fifteen days, from the date of receipt of a copy of this order and on such representation being filed, the 1st Respondent is directed to consider and dispose of the same, after giving an opportunity to the Petitioner, on merits and in accordance with law, within a period of one month thereafter.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected MP is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar Srcm To:

1.The Director of Municipal Administration Chepauk, Chennai-6 2.The Commissioner, Vaniambadi Municipality, Vellore District 3.The Commissioner, Dharmapuri Municipality, Dharmapuri 1 cc to Mr.V.M.G. Ramakrishnan, Advocate, Sr. 29438 WP.No.2232 of 2016 NRJK (CO) kk 17/6 https://hcservices.ecourts.gov.in/hcservices/