Madras High CourtWP(MD)/4823/2022allowed

Muthukumar v. The Tahsildar

2022-03-18Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD).No.4823 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.4823 of 2022 Muthukumar ... Petitioner Vs.

The Tahsildar, Ambasamudiram Taluk, Tirunelveli District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to cancel the suspension order dated 09.02.2022 and to reinstate the petitioner into service by considering his representation dated 27.02.2022 at the earliest. For Petitioner : Mr.Aayiram K.Selvakumar For Respondent : Mr.M.Ramesh, Government Advocate (Civil Side).

ORDER

This Writ Petition has been filed directing the respondent to cancel the suspension order dated 09.02.2022 and to reinstate the petitioner by considering his representation dated 27.02.2022.

2. The allegations against the petitioner is he was arrested by the Vikiramasingapuram Police in connection with Crime No.40 of 2022 dated 03.02.2022 for the alleged offences under Section 294(b), 324, 379, 506(ii) of IPC @ 120(b), 294(b), 324, 379 (NH) and 109, 506(ii) of IPC r/w 3(1) (r) (s) and 3(2) (Va) of SC/ST (PoA) Act. The petitioner was arrested and remanded to the judicial custody and granted bail on 16.02.2022. Because of the deemed suspension, the petitioner was kept under suspension vide order dated 09.02.2022. Since this arrest is nothing to do with service rendering by the writ petitioner, this Court is inclined to allow the Writ Petition.

3. Therefore, this Court directed the respondent to revoke the suspension and reinstate the petitioner within a period of two https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.4823 of 2022

(2) weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr 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 Tahsildar, Ambasamudiram Taluk, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-13009[F] dated 18/03/2022 ) W.P.(MD).No.4823 of 2022 18.03.2022 RK(30/03/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2