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Madras High CourtWP/31256/2022disposed of

G.Kamalesan v. The District Collector

2022-11-23Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Kamalesan ... Petitioner Vs 1.The District Collector, Krishnagiri 635001.

2.The Revenue Divisional Officer, Collectorate Building, Krishnagiri 635 001.

... 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 and pass orders on the petitioner's representation dated 14.06.2022 and 15.11.2022 with regard to disbursement of all retirement benefits except pension to the petitioner within a stipulated time as fixed by this Court. For Petitioner ...

Mr.A.Baskaran For Respondents ...

Mr.N.Naveen Kumar, Government Advocate 1/5

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to consider the petitioner's representations dated 14.06.2022 and 15.11.2022 seeking for disbursement of all retirement benefits except pension to the petitioner within a time frame to be fixed by this Court.

2. Mr.N.Naveen Kumar, learned Government Advocate accepts notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final disposal in the admission stage itself.

3. Admittedly, criminal proceedings are pending against the petitioner and disciplinary proceedings have already been initiated against him. In such circumstances, he is not entitled for pension. The petitioner has given representations on 14.06.2022 and 15.11.2022 seeking for disbursement of all retirement benefits except pension. Since the said representations have not been considered till date, he has filed this writ petition.

4. Heard Mr.A.Baskaran, learned counsel for the petitioner and 2/5

Mr.N.Naveen Kumar, learned Government Advocate appearing for the respondents.

5. No prejudice would be caused to the respondents, if the petitioner's representations referred to supra are considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner's representations dated 14.06.2022 and 15.11.2022 seeking for disbursement of all retirement benefits except pension within a period of twelve weeks from the date of receipt of a copy of this Order.

7. With the aforesaid direction, this writ petition is disposed of. No costs.

23.11.2022 nl Index: Yes/ No Speaking Order/Non-speaking Order 3/5

To 1.The District Collector, Krishnagiri 635001.

2.The Revenue Divisional Officer, Collectorate Building, Krishnagiri 635 001.

4/5

ABDUL QUDDHOSE, J.

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