C.Kothandapani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA and WMP.No.38238 of 2025 C.Kothandapani
...Petitioner
Vs.
1.
The State of Tamil Nadu, Representative by its Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.
The Engineer in Chief, Water Resources Department & Chief Engineer (General), PWD, Public Works Department, Chepauk, Chennai - 600 005.
3.
The Chief Engineer, Public Works Department WRO, Chepauk, Chennai - 600 005.
4.
The Superintending Engineer, Public Works Department WRO, Project Circle, Vellore - 632 006.
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5.
The Superintending Engineer, Enquiry Officer, Public Works Department, Grounds Water Circle - WRD, Taramani, Chennai - 600 113.
6.
The Principal Accountant General, (A & E) of Tamil Nadu, 361, Anna Salai, Teynampet, Chennai - 600 018.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 08.07.2025 in accordance with order passed by this Hon'ble Court in W.P.No.11369 of 2018 dated 27.03.2025 and to repay the recovered amount of Rs.14,44,279/- and also to extend all the consequential benefits within any time limit as framed by this Hon'ble Court.
For Petitioner : Mr.K.V.Dhanapalan For Respondents : Mr.K.Surendran, AGP, for R1 to R5 : Mr.T.Ravi Kumar, Standing Counsel, for R6
ORDER
This Writ petition has been filed seeking to direct the respondents to consider the petitioner's representation dated 08.07.2025 in accordance with 2/7
the order passed by this Court in W.P.No.11369 of 2018 dated 27.03.2025 and to consequently repay the recovered amount of Rs.14,44,279/- and also to extend all the consequential benefits to the petitioner.
2. Mr.K.Surendran, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 5, Mr.T.Ravi Kumar, learned Standing Counsel takes notice on behalf of the 6th respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he is a retired Assistant Executive Engineer and when he was working in the said post with the 4th respondent, he was issued with a charge memo stating that he had executed two temporary ring bunds, without obtaining sanction, in violation of Circular 182 of PWD Code and that he had made payments in a hasty and hurried manner without sanction, thereby causing loss to the tune of Rs.51.82 Lakhs. Being not satisfied with the reply given by the petitioner, the department enquiry was conducted and in the meantime, the petitioner 3/7
retired from service on 30.06.2013. Ultimately, the 1st respondent, vide G.O.Ms.No.57 Public Works (E2) dated 10.03.2017, ordered for recovery of Rs.25,91,000/- from the petitioner. Challenging the same, the petitioner filed a Writ petition before this Court in W.P.No.11369 of 2018 and this Court, vide order dated 27.03.2025 quashed the said order and remitted the matter to the 1st respondent for giving an opportunity to the petitioner for furnishing a copy of the opinion given by the Commission. Pursuant to the said order, the petitioner made a representation dated 08.07.2025 before the respondents seeking to comply with the order of this Court, which evoked no response. Hence, this Writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 08.07.2025 in the light of the order passed by this Court in W.P.No.11369 of 2018 dated 27.03.2025 and consequently repay the recovered amount of Rs.14,44,279/- and also to extend all the consequential benefits in favour of the petitioner.
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5. Learned counsel appearing on behalf of the respective respondents submitted that, appropriate orders will be passed on the petitioner's representation dated 08.07.2025 within the time stipulated by this Court.
6. In view of the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 08.07.2025 in terms of the order passed by this Court in W.P.No.11369 of 2018 dated 27.03.2025 and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
7. With the above directions, this Writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed. 17.09.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 5/7
To:
1.
The Principal Secretary to Government, Public Works Department, Secretariat, Chennai - 600 009.
2.
The Engineer in Chief, Water Resources Department & Chief Engineer (General), PWD, Public Works Department, Chepauk, Chennai - 600 005.
3.
The Chief Engineer, Public Works Department WRO, Chepauk, Chennai - 600 005.
4.
The Superintending Engineer, Public Works Department WRO, Project Circle, Vellore - 632 006.
5.
The Superintending Engineer, Enquiry Officer, Public Works Department, Grounds Water Circle - WRD, Taramani, Chennai - 600 113.
6.
The Principal Accountant General, (A & E) of Tamil Nadu, 361, Anna Salai, Teynampet, Chennai - 600 018.
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A.D.JAGADISH CHANDIRA, J.
skt and WMP.No.38238 of 2025 17.09.2025 7/7