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Madras High CourtWP/21556/2025disposed of

V.Kamuthurai v. The Director Of Municpal Administration

2025-06-18Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN V.Kamuthurai ... Petitioner Vs.

1.

The Director of Municipal Administration, Municipal Administration Department, Chennai - 600 028.

2.

The Commissioner, Avadi Municipal Corporation, Avadi, Chennai - 600 054.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Certiorarified Mandamus, to call for records relating to the 2nd respondent dated 08.02.2000 made in Na Ka.No. 1165/2020/C1 quash the same and directing the respondents to revoke the order of suspension dated 08.02.2020 and accommodate the petitioner in any non sensitive post in the light of government order in G.O.MS.No. 81 Human Resources Management (N) Department dated 04.08.2022. For Petitioners : Mr.M.Devaraj For R1 : Mr.C.Selvaraj

Additional Government Pleader For R2 : Mr.R.H.Gopinath Standing Counsel

ORDER

The writ petition has been filed to quash the proceedings in Na.Ka.No. 1165/2020/C1 dated 08.02.2000 passed by the second respondent and direct the respondents to revoke the order of suspension dated 08.02.2020 and accommodate the petitioner in any non sensitive post in the light of Government Order in G.O.MS.No.81 Human Resources Management (N) Department dated 04.08.2022.

2. The case of the petitioner is that he joined service as a Town Planning Inspector in 2000 and was last posted at Avadi Municipality, which became Avadi Corporation in 2019. He was falsely implicated in a Vigilance and Anti-Corruption case on 07.02.2020, arrested, and suspended by order dated 08.02.2020. Despite being under suspension for over five years by receiving 75% subsistence allowance, the suspension has not been reviewed, which is contrary to the Hon'ble Supreme Court's ruling and G.O. Ms. No. 81 dated 04.08.2022, which mandates review and posting in a non-sensitive

post. In this regard, a representation was submitted on 24.04.2025, but no action was taken. Hence, the petitioner filed the present writ petition.

3. Though the learned counsel for the petitioner had challenged the suspension order dated 08.02.2020, he has restricted his prayer with a prayer to direct the respondents to consider his representation dated 24.04.2025 for revocation of suspension.

4. In this connection, the learned Standing Counsel for the second respondent submits that the petitioner's representation will be considered within a reasonable time.

5. In view of the above fair submission, without going into the merits of the matter, this Court deems it appropriate to direct the second respondent to consider the petitioner's representation dated 24.04.2025 and pass appropriate orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. No costs.

18.06.2025 nsl Index:Yes/No Speaking order/Non-speaking order To 1.

The Director of Municipal Administration, Municipal Administration Department, Chennai - 600 028.

2.

The Commissioner, Avadi Municipal Corporation, Avadi, Chennai - 600 054.

C.KUMARAPPAN, J.

nsl 18.06.2025