S.Ilammaruthi, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.35690 of 2016 S.Ilammaruthi ... Petitioner Vs.
1 The State of Tamil Nadu Rep. by its Principal Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2 The Principal Secretary / Commissioner Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai - 600 005. 3 The Collector Thanjavur District, Thanjavur.
4 The Tahsildar, Pappanasam Taluk Office, Papanasam, Thanjavur District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's Appeal dated 16.08.2016 and pass orders against the order relating to the proceedings of the 3rd respondent in Na.Ka.A4/ 5320/2014, dated 21.05.2016 imposing a punishment of Censure and served me on 11.08.2016 by the Tahsildar, Papanasam in
Na.Ka.8464/16 A2, dated 11.08.2016, and may be fixed a date for disposal of the above appeal within stipulated time and direct the respondents to include the name of the petitioner list for the promotion of Tahsildar for the year 2016.
For Petitioner : Mr.S.Thirumavalavan For Respondents : Mr.S.N.Parthasarathy Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal. 2.The present writ petition has been filed seeking a Mandamus directing the second respondent to consider the petitioner's Appeal dated 16.08.2016 and pass orders against the order relating to the proceedings of the third respondent in Na.Ka.A4/ 5320/2014, dated 21.05.2016 imposing a punishment of Censure and served on the petitioner on 11.08.2016 by the Tahsildar, Papanasam in Na.Ka.8464/16 A2, dated 11.08.2016, and to fix a date for disposal of the above appeal within a stipulated time and direct the respondents to include the name of the petitioner in the list for the promotion of Tahsildar for the year 2016.
3.Though very many contentions have been raised in this
petition in detail, at the time of making submissions, the learned counsel appearing for the petitioner submitted that if a direction is given to the second respondent to dispose of the petitioner's Appeal dated 16.08.2016, that would suffice.
4.Heard the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate who takes notice for the respondents.
5.Considering the submissions made by the learned counsel appearing for the petitioner and the nature of the order that is going to be passed, this Court feels that there is no need to deal with the entire averments made in the affidavit filed in support of this petition. Hence, without going into the merits of the case, this Court directs the second respondent to dispose of the petitioner's Appeal dated 16.08.2016, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner and it is for the respondents to decide the matter, purely on merits.
R.SUBBIAH,J.
pri 7.The writ petition is disposed of accordingly. No costs. 07.10.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The State of Tamil Nadu Rep. by its Principal Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2 The Principal Secretary / Commissioner Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai - 600 005. 3 The Collector Thanjavur District, Thanjavur.
4 The Tahsildar, Pappanasam Taluk Office, Papanasam, Thanjavur District.
W.P.No.35690 of 2016 07.10.2016