A.Chengiskhan v. The Assistant Executive

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44558/2016 A.Chengiskhan ..Petitioner Vs 1.The Assistant Executive Engineer, Public Works Department, Chinna Salem Taluk, Villupuram District.

2.Sekar 3.The Head Master Government Boys Higher Secondary School Vadakanandhal, Chinna Salem Taluk Villupuram District.

..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to conclude the enquiry in connection with their office report dated 03.10.2016 under Proc.No.244/Ko.6/2016/U.Sae.Po [Kagu] within a time frame. For Petitioner :

Mr.Ar.M.Arunachalam For R1 & R3 :

Mr.K.Dhananjayan, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 3. The petitioner would claim that he is a resident of Chinna Salem Taluk, Villupuram District and is eking out his livelihood by engaging himself in plumbing and water work activities and during the course of the same, he came across the details of the 2nd respondent, who is working as the Work Inspector at Komugi Dam, Public Works Department in Chinna

Salem, as to the lack of necessary qualifications. The petitioner, in this regard, has also submitted a representation praying for appropriate direction against the 2nd respondent and since it has not been given disposal, he came forward to file the present writ petition.

The learned counsel for the petitioner would submit that as per the information furnished by the 1st respondent dated 03.10.2016 under the Right to Information Act, action has been taken on the representation submitted by the petitioner and the said information also revealed that further action has also been taken. But, despite lapse of time, no action has been taken and hence, the petitioner is constrained to approach this Court.

The Court heard the submissions of Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents 1 and 3 and also perused the materials placed before it. Though the petitioner has prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner in this writ petition, directs the 1st respondent to act on his communication dated 03.10.2016 in Letter No.244/Ko.6/2016/U.Sae.Po [Kagu] and before doing so, shall put the 2nd respondent on notice and thereafter pass orders on merits and in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the 2nd respondent.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP

To 1.The Assistant Executive Engineer, Public Works Department, Chinna Salem Taluk, Villupuram District.

2.The Head Master Government Boys Higher Secondary School Vadakanandhal, Chinna Salem Taluk Villupuram District.

+1cc to the Government Pleader, S.R.No.767 pk(CO) md(20/01/2017) W.P.No.44558/2016