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Madras High CourtWP(MD)/14386/2019disposed of

N.Pandi, v. The State Of Tamilnadu,

2019-06-27Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2019

CORAM

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.14386 of 2019 N. Pandi

...Petitioner

Vs

1. State of Tamil Nadu, rep. by its Principal Secretary, Municipal Administration and Water Supply Department, Fort. St. George, Chennai - 09.

2.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration, Ezhilagam, Chennai - 05.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Sivagangai Municipality, rep. by its Commissioner, Sivagangai District.

5.The Sanitary Officer, Sivagangai Municipality, Sivagangai District.

6. K.Thangapandian 7.M. Rajendran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 6 to treat the 09.10.2018 as earned leave instead of unauthorised absence within the time period stipulated by this Court.

For Petitioner :Mr.T. Lajapathi Roy For R1 to R3 : Mr. M. Pandiarajan Additional Government Pleader

For R4 and R5 : Mr.. J. Lawrance Standing Counsel

ORDER

Seeking a direction to the respondents 1 to 6 to treat the petitioner's leave on 09.10.2018, as earned leave instead of un-authorised absence, within the time frame fixed by this Court.

2. Mr. M. Pandiarajan, learned Additional Government Pleader takes notice for R1 to R3 and Mr. J. Lawrance, learned Standing counsel takes notice for respondents 4 and 5.

3. By consent of both parties, this Writ Petition is disposed of at the admission stage itself.

4. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the respondents, to consider the representation of the petitioner, dated 29.10.2018.

5. Having regard to the limited scope of the prayer, that is now sought before this Court by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the petitioner's case, directs the respondents to consider the representation of the petitioner, dated 29.10.2018, on merits and in accordance with law, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

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

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) trp To Principal Secretary, Municipal Administration and Water Supply Department, Fort. St. George, Chennai - 09.

2.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration, Ezhilagam,Chennai - 05.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Commissioner, The Sivagangai Municipality, Sivagangai District. 5.The Sanitary Officer, Sivagangai Municipality, Sivagangai District.

+1CC TO M/S. Special Government Pleader Sr.No.72286 +1cc To M/S.J.LAWRANCE, Advocate, Sr.No.72556 +1cc To M/S.T.LAJAPATHIROY, Advocate, Sr.No.72566 W.P(MD)No.14386 of 2019 27.06.2019 BUC(15.07.2019) 3P 9C