Madras High CourtWP(MD)/17473/2013disposed of

S.Xavier Jeyaseelan, v. The Block Development -

2020-07-28Honourable Mr Justice Rmt. Teekaa Raman2 pages

WP(MD).No.17473 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN WP(MD).No.17473 of 2013 S. Xavier Jeyaseelan : Petitioner Vs.

1.The Block Development Officer, Panchayat Union, Gandharvakottai, Pudukkottai.

2.The Project Director, District Rural Development Office, Pudukkottai.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to disburse the amount as claimed in the proceedings of the first respondent in his proceedings in Na.Ka.No.A5/284/2005, dated 12.05.2010 and consequently, direct the first respondent to repay the amount of Rs.1,64,798/- paid by the petitioner on 20.05.2010 within the time limit that may be stipulated by this Court.

For petitioner : Mr. G. Thalaimutharasu For R1 : Mr. M. Rajarajan For R2 : Mr. Gunaseelan Muthiah Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the 2nd respondent to disburse the amount as claimed in the proceedings of the first respondent in his proceedings in Na.Ka.No.A5/284/2005, dated 12.05.2010 and consequently, direct the first respondent to repay the amount of Rs.1,64,798/- paid by the petitioner on 20.05.2010 within a time frame to be fixed by this Court.

2. According to the petitioner, at the time of retirement, the parent Department asked opinion / No Objection Certificate from the concerned Department, where he was served for the last 15 years. On receipt of such opinion, the first respondent has stated that a sum of Rs.1,64,798/- said to have been pending with the parent department and it was ordered to be paid by the petitioner. Hence, the petitioner has also paid the said amount in order to retire from the service in a peaceful manner. Subsequently, he made a representation to the second respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD).No.17473 of 2013 for repayment of the same and the same is said to be pending with them. In such circumstances, the petitioner has filed the present writ petition before this Court.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. Considering the submissions made on either side, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 15.02.2013 and pass appropriate orders on merits and accordance with law, within a period twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) trp NOTE: In view of the present lock down owing to COVID19 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 1.The Block Development Officer, Panchayat Union,Gandharvakottai, Pudukkottai.

2.The Project Director, District Rural Development Office, Pudukkottai.

+1 CC to SGP ( SR-13370[F] dated 30/07/2020 ) WP(MD).No.17473 of 2013 28.07.2020 KM (06.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2