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Madras High CourtWP/28016/2025disposed of

M.Dhanapal v. The Director Of Municipal Administration ,

2025-07-31Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

1. M.Dhanapal S/o. Mahalingam, Revenue Inspector (now Suspended), Mannargudi Municipality, Mannargudi, Thiruvarur District -614 001, Residing At No. 29, Thalangattu Street, Serngulam Post, Manargudi Taluk, Thiruvarur District -614 016.

Petitioner(s) Vs

1. The Director Of Municipal Administration , Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600 028.

2.The Regional Director Of Municipal Administration, Regional Directorate Of Municipal Administration, No. 1, Aya Nadar Road, Near Kodimarathumoolai, Thanjavur -613 008.

3.The Commissioner, Mannarugudi Municipality, Thiruvarur District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 2nd respondent in ROC.No. 3979/2023/A2 dated 03.04.2025 quash the same and directing the 1st respondent to review and revoke the order of suspension issued in Na.Ka. No.3979/2023/A2 dated 04.01.2024 on the file of the 2nd respondent.

For Petitioner(s):

M/s.S.Doraisamy For Respondent(s): Dr.T.Seenivasan, S.G.P., For R1 To R3 *******

ORDER

The instant writ petition has been filed challenging the impugned rejection order dated 03.04.2025 on the ground that the Regional Director has no power to pass such order.

2. At this juncture, the learned Special Government Pleader would invite the attention of this Court about the order passed in WP.No.5265 of 2025, wherein this Court directed has the Regional Director of Municipal Administration, who has passed the impugned order, to pass order based upon the representation given by the petitioner. Therefore, this Court absolutely does not find any ground to interfere with the impugned order. However, as observed in the order of this Court in WP.No.5265 of 2025, the respondent has to consider the fact that they are bound to pay subsistence allowance and the continuous payment of subsistence allowance, without extracting the work, would also amount to an ineffective administration.

3. Therefore, this Court deems appropriate to grant liberty to the petitioner to give representation to the respondent within a period of two

(2) weeks from the date of receipt of a copy of this order. If any such representation is received, the respondents are directed to consider the same and pass orders within a period of four (4) weeks thereafter on it's own merits and in accordance with law.

4. In the result, this writ petition stands disposed of. There shall be no order as to costs.

31-07-2025 kmi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director Of Municipal Administration, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600 028.

2.The Regional Director Of Municipal Administration, Regional Directorate Of Municipal Administration, No. 1, Aya Nadar Road, Near Kodimarathumoolai, Thanjavur -613 008.

3.The Commissioner, Mannarugudi Municipality, Thiruvarur District.

C.KUMARAPPAN J.

kmi 31-07-2025