P.S.M.Varalakshmi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN P.S.M.Varalakshmi ... Petitioner -vs1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamaraj Salai Chennai-600 005.

2. The Secretary Tamil Nadu Slum Clearance Board No.5, Kamaraj Salai Chennai-600 005.

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 15.05.2025 and to pass suitable orders within a period of time stipulated by this Court. For Petitioner : Mr.P.Yuvasree For Respondents : Mr.S.Karthikeyan Standing Counsel ***** 1/5

O R D E R

This instant writ petition is filed to to consider the petitioner's representation dated 15.05.2025.

2. It is the submission of the learned counsel for the petitioner that the petitioner was convicted for the charge under the Prevention of Corruption Act in C.C No.12 of 2012. However, he moved Crl.A.No.802 of 2018 in which, this Court vide order dated 21.12.2018 has passed an order of suspension of sentence. During the subsistence of that interim order, the 2nd respondent had terminated the petitioner from his service on 28.01.2019 and hence, he seeks a direction to consider the petitioner's representation.

3. However, the learned standing counsel for the respondents would contend that the order of this Court is only suspending the sentence and not the conviction. It is his further submission that the order was passed on 28.01.2019 and there is a long delay on the part of the respondents. 2/5

4. I have given my anxious consideration to either side submissions.

5. As rightly contended by the learned counsel for the petitioner that there is no bar for passing final order, as the suspension was only against the sentence and the order of the conviction has not been interfered with and apart from that, there was also a delay for more than 5 years. However, the fact remains that the petitioner's representation dated 15.05.2025 is yet to be considered by the 1st respondent.

6. In such view of the matter, this Court deems it appropriate to direct the 1st respondent to consider the petitioner's representation dated 15.05.2025 and pass order according to its own merits and in accordance with law, within a period of four weeks (4) from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No 3/5

costs.

27.06.2025 Index: Yes/No Internet: Yes/No uma To:

1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamaraj Salai Chennai-600 005.

2. The Secretary Tamil Nadu Slum Clearance Board No.5, Kamaraj Salai Chennai-600 005.

C.KUMARAPPAN, ,J., uma 4/5

27.06.2025 5/5