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Madras High CourtWP/39737/2004disposed of

P.D.Dhakshinamurthy v. The Govt.Of Tamilnadu Rep.By

2017-07-04Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.39737 of 2004 P.D.Dhakshinamurthy ... Petitioner Vs.

1.The Government of Tamil Nadu, rep. by the Secretary to the Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The District Elementary Educational Officer, Kancheepuram, Kancheepuram District.

3.The Accountant General (A&E), Tamil Nadu, Chennai - 600 018.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned order of the first respondent in G.O.Ms.No.185, School Education Department, dated 16.12.2002 and the consequential order of the third respondent in P11/3/D702187/RTD/2003-2004/49 dated 22.04.2004 and quash the same. For Petitioner : M/s.P.Rajendran For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

The writ petition has been filed by the petitioner seeking for issuance of a Writ of Certiorari to call for the records relating to the impugned order of the first respondent in G.O.Ms.No.185, School Education Department, dated 16.12.2002 and the consequential order of the third respondent in P11/3/D702187/RTD/2003-2004/49 dated 22.04.2004 and quash the same.

2. The learned counsel for the petitioner submitted that he has produced a copy of the Government Order in G.O.Ms.No.234, Education (G2) Department, dated 10.09.2009 which is applicable to facts of the case.

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3. Heard the submissions of M/s.P.Rajendran, learned counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents.

4. The learned Special Government Pleader also conceded the submission of the learned counsel for the petitioner.

5. This Court, without going into the merits of the case, directs the petitioner to give fresh representation to the first respondent within a period of 15 days from the date of receipt of a copy of this order and on receipt of such representation, the first respondent is directed to consider the said representation and to pass orders, on merits and in accordance with law, in the light of G.O.Ms.No.234, Education (G2) Department, dated 10.09.2009, within a period of eight weeks thereafter.

6. With the above direction, this writ petition is disposed of accordingly. No costs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ub To 1.The Secretary to the Government, The Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.

2.The District Elementary Educational Officer, Kancheepuram, Kancheepuram District.

3.The Accountant General (A&E), Tamil Nadu, Chennai - 600 018.

+1 CC to Govt. Pleader sr 46924 W.P.No.39737 of 2004 SP(26/07/2017) https://hcservices.ecourts.gov.in/hcservices/