S.Anbumani v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.Anbumani ..

Petitioner vs.

1.The Assistant Director, Survey and Land Records, Villupuram.

2.The District Collector, Villupuram.

..

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 04.11.2022 and to review and consider revocation of the prolonged suspension order dated 18.05.2020. For Petitioner :

Mr.T.Saikrishnan For Respondents :

Mr.D.Ravichander, Special Government Pleader

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 1/5

2.Mr.D.Ravichander, learned Special Government Pleader accepts notice on behalf of the respondents.

3.This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the representation of the petitioner dated 04.11.2022 and to review and consider revocation of the prolonged suspension order dated 18.05.2020.

4.The petitioner claims that his suspension is a prolonged suspension. He has been suspended from service on 18.05.2022. According to him, it is a prolonged suspension as it is in violation of the Hon'ble Supreme Court's decision in Ajay Kumar Choudhary vs. Union of India reported in 2015 (7) SCC 291. The petitioner has given a representation on 04.11.2022 to the respondents seeking for review of his suspension order. Since the representation has not been considered till date, he has filed this writ petition.

5.Heard Mr.T.Sai Krishnan, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader appearing for the respondents.

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6.No prejudice would be caused to the respondents, if the petitioner's representation as stated supra, is considered, on merits and in accordance with law, within a time frame to be fixed by this Court. 7.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 representation dated 04.11.2022 seeking to reivew his suspension order dated 18.05.2022, within a period of eight weeks from the date of receipt of a copy of this order.

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

23.12.2022 Index: Yes/No vga 3/5

To 1.The Assistant Director, Survey and Land Records, Villupuram.

2.The District Collector, Villupuram.

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ABDUL QUDDHOSE, J.

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