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Madras High CourtWP/37475/2024disposed of

V.Dilli v. The Commissioner

2024-12-12Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.37475 of 2024 V. Dilli

...Petitioner

Vs

1. The Commissioner The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Greater Chennai Corporation Officials Co-operative Society Ltd.

Represented by its Secretary, Having Office at No.5125, Ripon Buildings, Chennai - 600 003.

3.J. Sekar

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first and respondent to consider petitioner's representation dated 27.02.2024 issued to take action against the 3rd respondent and refund petitioner's amount deducted during Superannutation and pass orders.

For Petitioner : Mr. L.Ram Kumar 1/5

For Respondents : Mrs.P.T. Ramadevi Standing counsel

ORDER

By consent of learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.

2. This petition is filed seeking to issue a Writ of Mandamus directing the first and respondent to consider petitioner's representation dated 27.02.2024 and pass orders.

3. The case of the petitioner is that the petitioner is a retired employee from the Respondent/Corporation. While he was in service he stood as a surety for the third respondent, who obtained loan from the second respondent. It is pertinent to note that there was some default on the part of the third respondent in paying the dues. Due to which, a sum of Rs.4,00,628/- was deducted from the petitioner's settlement amount. The grievance of the petitioner is that the second respondent has not taken any steps to recover the loan from the third respondent who is still working in the Respondent Corporation and issued a demand notice to the 2/5

petitioner on 18.02.2024 directing him to pay a sum of Rs.8,65,521/-. Hence, the petitioner sent a representation on 09.01.2021 and 27.02.2024 to revoke the petitioner from surety for loan. However, there was no progress till date. Hence, this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the representation of the petitioner and pass orders.

5. The learned Standing counsel appearing for the respondent submits that they will consider the case of the petitioner on merits and in accordance with law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the representation of the petitioner by affording reasonable opportunity of hearing to the petitioner and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of 3/5

this order.

7. With the above observations this writ petition stands disposed of. No order as to costs.

12.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To.

1. The Commissioner The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Greater Chennai Corporation Officials Co-operative Society Ltd.

No.5125, Ripon Buildings, Chennai - 600 003.

4/5

V.BHAVANI SUBBAROYAN,J.

smn W.P.No.37475 of 2024 12.12.2024 5/5