S.Aravamudhu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Aravamudhu ... Petitioner Vs.

1.The State rep. By The Managing Director, Tamil Nadu Housing Board, CMDA Complex E&C Market Road, Koyambedu, Chennai 600 107

2. The Executive Egnineer and Administrative Officer, Hosur Housing Unit, Tamil Nadu Housing Board, Hosur - 635 109 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to review the petitioner suspension order dated 16.10.2023 vide proceedings Memo No.DC4/18938/2023 by considering his representation dated 03.09.2024 and permit him to continue in service with all consequential service benefits.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.D.Veerasekaran Standing Counsel for R1 and R2 1/4

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O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to consider the representation made by the petitioner on 03.09.2024 wherein the petitioner has requested for reviewing the suspension order passed on 16.10.2023 and to permit the petitioner to continue in service with all attendant benefits. 2.

Heard Mr.R.Thirumoorthy, learned counsel for the petitioner and Mr.D.Veerasekaran, learned Standing Counsel for Respondents 1 and 2.

3.

The case of the petitioner is that he was working as an Assistant Revenue Inspector. An FIR came to be registered in Crime No.10 of 2023 on 19.08.2023. Even though the name of the petitioner was not arrayed as an accused, at a later stage the name of the petitioner was added as an accused. In view of the same, the order of suspension came to be passed by the 1st respondent through proceedings dated 2/4

16.10.2023.

4.

The grievance of the petitioner is that he is attaining superannuation during the month of April 2025 and his request for reviewing and revoking the order of suspension did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.

5.

Taking into consideration the facts and circumstances of the case and also of the fact that the suspension of the petitioner has continued for nearly an year and the petitioner is going to retire from service during April 2025, there shall be a direction to the 1st respondent to deal with the representation made by the petitioner dated 03.09.2024 on its own 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 petitioner is directed to submit a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

3/4

7.

This writ petition is disposed of with the above directions. No costs.

30.09.2024 Index: yes/no Speaking Order/Non-Speaking Order rka To 1.The State rep. By The Managing Director, Tamil Nadu Housing Board, CMDA Complex E&C Market Road, Koyambedu, Chennai 600 107

2. The Executive Egnineer and Administrative Officer, Hosur Housing Unit, Tamil Nadu Housing Board, Hosur - 635 109 Chennai 600 002 30.09.2024 4/4