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Madras High CourtWP/28816/2019disposed of

C.Ambikapathi v. The Secretary

2019-10-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28816 of 2019 C.Ambikapathi ..Petitioner .Vs.

1.The Secretary Tamil Nadu Government Housing and Urban Development Department Fort St. George Chennai-600 009.

2.The Managing Director Tamil Nadu Housing Board Anna salai, Nandanam Chennai-600 035.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 22.12.2018 within the time stipulated by this Court.

For Petitioner : Mr.K.V.Sridharan &Jayasri Baskar For Respondents : Mrs.A. Sri Jayanthi Additional Government Pleader for R1 : Mr.R.Bharath Kumar for R2

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 22.12.2018 within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioner is that formerly, he worked as an Assistant Executive Engineer in Tamil Nadu Housing Board.

During the year 1993, an F.I.R. was registered against the petitioner and 2 others for the offences under Sections 120B read with 167, 409, 420 IPC and Section 13(3) read with 13(1)(c) (d) of the Prevention of Corruption Act, 1988. The petitioner was convicted and sentenced for the offences Section 120B read with 167, 120B read with 477A and 120B IPC and Section 13(1)(c) (d) read with 13(2) of the Prevention of Corruption Act and under Sections 167 and 477A IPC. He was acquitted for the offences under Sections 120B read with 409, 120B read with 420 IPC, 409 and 420 IPC. The petitioner has preferred an appeal against the judgment of conviction. This Court by common judgment, allowed the appeal filed by the petitioner and dismissed the appeal filed by the State against the acquittal of the petitioner on 02.01.2018. Thereafter, the petitioner has made a representation dated 22.12.2018 to the respondents for consideration and order for his work benefits. However, till date, the petitioner's representation was not considered by the respondents. Hence, the present writ petition.

4. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioner's representation and pass appropriate orders within the reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 2nd respondent to consider the petitioner's representation dated 22.12.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs. Kj Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary Tamil Nadu Government Housing and Urban Development Department Fort St. George Chennai-600 009.

2.The Managing Director Tamil Nadu Housing Board Anna salai, Nandanam Chennai-600 035.

+1cc to Mr.R.Bharath Kumar, Advocate, SR.No.84769 +1cc to Mr.K.V.Sridharan, Advocate, SR.No.84073 W.P.No.28816 of 2019 Kak(20/11/2019)