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Madras High CourtWP/37386/2016disposed of

Thirumalsamy v. The Divisional Engineer

2016-10-25Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.37386 of 2016 Thirumalsamy ... Petitioner Vs.

1 The Divisional Engineer Thittakudi Taluk Cuddalore District.

2 The Assistant Divisional Engineer Highways Department (Constn. & Maintenance) Thittakudi - Cuddalore District.

3 The Assistant Engineer Thittakudi Taluk Cuddalore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 10.09.2016. For Petitioner : Mr.B.Gurumurthy For Respondents : Mr.O.Selvam 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 respondents to consider the representation of the petitioner dated 10.09.2016.

3.The petitioner would state that he is hailing from Schedule Caste Community and was appointed as a Road Worker ten years ago at the respondent's office. The petitioner is having three school going children namely, two sons and a daughter and one of his son is a dumb. There was a communal clash between the petitioner's village people and neighbouring village people on 08.03.2016. Pertaining to that, the Pennadam Police Station Officials at about 1.00 A.M. came to his house and took him to the Police Station for enquiry and impleaded him in the false case for statistical purpose. As a consequence of which, the petitioner was suspended from service by the second respondent vide proceedings dated 05.07.2016. Hence, the petitioner made a representation dated 10.09.2016 to the first respondent seeking to revoke the order of suspension, but it has not been considered so far. Hence, this petition.

4.Heard the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate who take notice for the respondents.

5.Considering the submissions made on either side and without going into the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 10.09.2016, on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The Divisional Engineer Thittakudi Taluk Cuddalore District.

2 The Assistant Divisional Engineer Highways Department (Constn. & Maintenance) Thittakudi - Cuddalore District.

3 The Assistant Engineer Thittakudi Taluk , Cuddalore District +1cc to Mr.M. Velmurugan, Advocate, S.R.No.61865 +1cc to the Government Pleader, S.R.No.61575 skv (CO) md (14/11/2016) W.P.No.37386 of 2016