Madras High CourtWA(MD)/470/2012dismissed as infructuous

M.Sirajudeen v. The Assistant Director Survey

2021-03-03Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Kannammal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL W.A(MD)NO.470 OF 2012 and M.P(MD)No.2 of 2012 M.Sirajudeen :Appellant/Petitioner .vs.

The Assistant Director of Survey and Land Records, Collectorate Building, Trichirappalli.

: Respondent/Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.3462 of 2011, dated 16.11.2011.

Prayer in WP(MD). 3462 OF 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the respondent bearing Na.Ka.No. A7-1789-2010(1) dated 17/02/2011 and quash the same and consequently direct the respondent to pay the subsistence allowance to the petitioner at the rate of 75% from the month of September 2010 onwards . For Appellant :Mr.T.Antony Arul Raj For Respondent :Mr.M.Murugan Govt.Advocate

JUDGMENT

************* [Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.] This Writ Appeal is directed against the order passed by this Court in dismissing the Writ Petition filed by the Writ Petitioner/appellant herein in W.P(MD)No.3462 of 2011, dated 16.11.2011.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The appellant is the Writ Petitioner in W.P.(MD)No.3462 of 2011. He was working as Sub-Inspector of Survey in National Highways, Trichy and he was placed under suspension by an order, https://hcservices.ecourts.gov.in/hcservices/

dated 12.03.2010, in view of the criminal investigation pending against him under the provisions of the Prevention of Corruption Act. During the period of suspension, the Petitioner had sent a representation stating that he should be given enhanced subsistence allowance at the rate of 75%, which was rejected by the authorities, against which, a Writ Petition was filed. The said Writ Petition was also dismissed. Against which the above Writ Appeal has been filed.

4.When the matter is taken up for hearing today, learned Government Advocate appearing for the respondent produced a proceedings of the Assistant Director of Survey and Land Records, Trichy-1, wherein, it is stated that the appellant was convicted on 03.07.2014 and the criminal case was also dismissed and the appeal against the same was also dismissed against him. In view of the above, nothing remains to be adjudicated further in this Writ Appeal.

5.Accordingly, the Writ Appeal stands dismissed as infrutuous. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Assistant Director of Survey and Land Records, Collectorate Building, Trichirappalli.

+1 CC to MR.T.ANTONY ARUL RAJ, Advocate ( SR-9254[F] dated 05/03/2021 ) +1 CC to M/s.SPL GP ( SR-8710[F] dated 04/03/2021 ) JUDGMENT MADE IN W.A(MD)NO.470 OF 2012 and M.P(MD)No.2 of 2012 https://hcservices.ecourts.gov.in/hcservices/ 03.03.2021 VB (12.03.2021) 2P 4C