H.Sivappan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2025 CORAM :
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA H.Sivappan ... Petitioner Vs.
1 State of Tamilnadu Rep. by its Additional Chief Secretary, Environment, Climate And Forests Department, St. George Fort, Secretariat, Chennai.
2 The Principal Chief Conservator of Forests (Head of Department) Forest Headquarters Building, Guindy Chennai-32.
3 The Principal Accountant General (A & E) No.361, Anna Salai, Chennai-18.
4 The Conservator of Forests & Filed Director, Mudumalai Tiger Reserve, Udhagamangalam, 5 The Assistant Conservator of Forests, Forest Conservation Squad, 6 The District Forest Officer, District Forest Office (North Division) 7 The Treasury Officer, District Treasury, Udhagamangalam, ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st Respondent to consider the petitioner's representation dated 03.07.2025 and implement the order passed by the 4th Respondent vide his Proceedings in Se.Mu.Aa. No.1389/ 2022-Pa2, dated 30.01.2023 and thereby to refund the sum of Rs.5,05,429/- which was deducted from his gratuity and commutation amount within the time limit to be stipulated by this Court. For Petitioner : Mr.M.Vijaya Ragavan For Respondents For R1, R2, R4 to R7 : Mr.C.Selvaraj, Additional Government Pleader For R3 : Mr.A.N.R.Jayaprathap, Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the 1st Respondent to consider the petitioner's representation dated 03.07.2025 and implement the order passed by the 4th Respondent vide his Proceedings in Se.Mu.Aa. No.1389/ 2022-Pa2, dated 30.01.2023 and thereby to refund the sum of Rs.5,05,429/- which was deducted from his gratuity and commutation amount within the time limit to be stipulated by this Court.
2. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the Respondents 1, 2, 4 to 7 and Mr.A.N.R.Jayaprathap, learned
Standing Counsel for the 3rd Respondent takes notice for the 3rd respondent.
3. By consent, this Writ Petition is taken up for final disposal today at the admission stage itself.
4. The case of the petitioner is that the petitioner who was working as a Forester, retired from service on 31.01.2015. While he was in service, the 6th respondent initiated disciplinary proceedings against the petitioner for causing huge loss to the tune of about Rs.9,87,135/- to the Government and ordered to recover the same from the monthly salary of the petitioner at the rate of Rs.9,000/- per month and accordingly recovered a sum of Rs.4,50,000/- during his service and the balance amount is being deducted from the Gratuity and Commutation. As against the said proceedings, the petitioner filed an appeal and subsequently, the fine amount was modified to Rs.4,81,706/-. Thereafter the petitioner made a representation to the 1st respondent on 03.07.2025 to issue necessary orders in this regard. However, no orders have been passed till date. Hence, this Writ Petition.
5. Considering the limited relief sought for by the petitioner, without going into the merits of the case, this Court directs the 1st respondent to consider the representation of the petitioner, dated 03.07.2025, on merits and in accordance with law, within a period of twelve weeks from the date
of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
09.09.2025 Index : Yes/No Speaking Order : Yes/No : Yes / No vum To:
1 The Additional Chief Secretary, Environment, Climate And Forests Department, St. George Fort, Secretariat, Chennai.
2 The Principal Chief Conservator of Forests (Head of Department) Forest Headquarters Building, Guindy Chennai-32.
3 The Principal Accountant General (A & E) No.361, Anna Salai, Chennai-18.
4 The Conservator of Forests & Filed Director, Mudumalai Tiger Reserve, Udhagamangalam, 5 The Assistant Conservator of Forests, Forest Conservation Squad,
6 The District Forest Officer, District Forest Office (North Division) 7 The Treasury Officer, District Treasury, Udhagamangalam, A.D.JAGADISH CHANDIRA ,J., vum
09.09.2025