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Madras High CourtWP/31025/2022disposed of

K.Natarajan v. The Special Commissioner

2022-11-21Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Natarajan ... Petitioner Vs 1.The Special Commissioner and Commissioner of Revenue Administration, Chepauk, Chennai-5.

2. The District Revenue Officer, Salem, Salem District.

3. The Revenue Divisional Officer, Attur, Salem District ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider petitioner's representation dated 16.10.2022 to sanction and disburse the subsistence allowance due to the petitioner from 17.08.2005 to 31.01.2006 within a time frame to be fixed by this Court.

For petitioner ...Ms.Esairani Narasimman For Respondents ...Mr.N.Naveen Kumar Government Advocate 1/4

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pass final orders on the petitioner's representation dated 16.10.2022 seeking for payment of subsistence allowance, which, according to the petitioner, is payable from 17.08.2005 to 31.01.2006.

2. The petitioner claims that in view of the proceedings which were pending earlier, he was not paid subsistence allowance for the aforementioned period. According to the petitioner, there is now no bar for the respondents to pay the subsistence allowance for the period from 17.08.2005 to 31.01.2006. In such circumstances, the petitioner has given a representation on 16.10.2022 seeking for payment of subsistence allowance for the aforementioned period. Since the representation has not been considered till date, the petitioner has filed this writ petition.

3. Heard Ms.Esairani Narasimman, learned counsel for the petitioner and Mr.N.Naveen Kumar, learned Government Advocate accepts notice on behalf of the respondents. By consent of both the parties, the main writ petition is taken up for final disposal.

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4. No prejudice would be caused to the respondents if the petitioner's representation, referred to supra, is considered on merits and in accordance with law on the petitioner's representation dated 16.10.2022 seeking for payment of subsistence allowance for the period from 17.08.2005 to 31.01.2006 within a period of eight weeks from the date of receipt of a copy of this order. With the aforesaid direction, the writ petition is disposed of. No costs. 21.11.2022 Index: Yes/ No Speaking Order/Non-speaking Order sr To 1.The Special Commissioner and Commissioner of Revenue Administration, Chepauk, Chennai-5.

2. The District Revenue Officer, Salem, Salem District.

3. The Revenue Divisional Officer, Attur, Salem District 3/4

ABDUL QUDDHOSE ,J., sr 21.11.2022 4/4