K.Arunachalam v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Arunachalam

...Petitioner

Vs 1.The Government of Tamil Nadu, Rep. by Secretary to Government, Commercial Taxes and Registration Department, Fort Saint George, Chennai - 600 009.

2.Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai, Tamil Nadu - 600 028.

3.District Registrar Office Salem West, No.313, 3rd Floor, District Registration Office Campus, Collectorate, Kottai Main Road, Salem - 636 001.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to review the punishment given to the petitioner by treating on the same footing of the punishment given to the co-delinquent vide proceeding in No.42565/V2/2010 dated 29.09.2015, by invoking Rule 37 of Tamil 1/4

Nadu Civil Services (Discipline and Appeal) Rules, by considering the representation dated 24.02.2023 and give all the consequential benefits. For Petitioner : Mr.P.Ganesan For Respondents : Mr.P.Gurunathan, Additional Government Pleader

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to review the order of punishment imposed on the petitioner within a stipulated time. In this regard, the petitioner had also submitted a review application on 24.02.2023 to the first respondent.

3. It is needless to point out that whenever a review application is preferred before the Reviewing Authority, there is a duty cast on him to dispose of the same expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would 2/4

be justified in directing the authority to dispose of the review application within a stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

4. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's review application dated 24.02.2023, if not already disposed of, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

28.06.2023 Index:Yes/No Speaking order/Non-speaking order Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Secretary to Government, Commercial Taxes and Registration Department, Fort Saint George, Chennai - 600 009.

2.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai, Tamil Nadu - 600 028.

3.District Registrar Office Salem West, No.313, 3rd Floor, District Registration Office Campus, Collectorate, Kottai Main Road, Salem - 636 001.

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