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Madras High CourtWP(MD)/6036/2021disposed of

Kamala Pushpam.T v. Commissioner

2021-06-02Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2021 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU T.Kamala Pushpam ... Petitioner vs.

1)Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai-600 005.

2)District Adi-Dravidar & Tribal Welfare Officer, Tirunelveli District, Tirunelveli.

3)Mr.G.Ignacy 4)Mr.Nadanasigamani 5)Mr.Saravanan ... Respondents (R3 to R5 impleaded vide order dated 02.06.2021 in WMP(MD)No.5380 of 2021) Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to expedite and pass orders in the proceedings sent by the 2nd Respondent in his proceedings in Na.Ka.A3/9557/2020 dated 29.05.2020 within the time limit that may be stipulated by this Hon'ble Court. For Petitioner : Mr.S.Wilson For R1 & R2 : Mr.P.Thilak Kumar Counsel for Government of Tamil Nadu

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.This writ petition has been filed for issuance of a Writ of Mandamus, directing the 1st respondent to expedite and pass orders in the proceedings sent by the 2nd Respondent in his proceedings in Na.Ka.A3/9557/2020 dated 29.05.2020 within the time limit that may be stipulated by this Court.

3.The learned counsel for the petitioner would state that the petitioner while working as Warden (Matron) in Government AdiDravidar Welfare Girl's Hostel, Sankarankoil, was sexually assaulted 1/3

by one Innasi, Warden working at Government Adi-Dravidar Welfare Boy's Hostel, Mela Ilandhaikulam and he abused her, gave sexual tortures and life threat. The complaint given by the petitioner to various authorities on 17.09.2012 was not responded and she has once again given a complaint to the respondents on 27.02.2020 and on receipt of the same, the respondents issued a notice dated 29.08.2020 to appear for enquiry on 22.09.2020, but no enquiry took place and it was adjourned to 23.09.2020 on which date also, no enquiry was conducted. She would further state that the accused Innasi has admitted the offence and has given a sworn affidavit dated 25.09.2020 that he will not commit the offence in future and in spite of the same, no action is taken against him. Hence, this writ petition.

4.The learned Government counsel for the respondents 1 and 2 would state that the 1st respondent will complete the enquiry proceedings within a time frame to be fixed by this Court. 5.Heard the learned counsel for the petitioner as well as the respondents.

6.Considering the submissions made by the learned counsel for the petitioner as well as the respondents and without adverting to the merits of the case, the the 1st respondent is directed to expedite and pass orders in the proceedings sent by the 2nd Respondent in his proceedings in Na.Ka.A3/9557/2020 dated 29.05.2020 within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 1)Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai-600 005.

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2)District Adi-Dravidar & Tribal Welfare Officer, Tirunelveli District, Tirunelveli.

+1 CC to M/s.S.WILLSON, Advocate ( SR-18632[F] dated 02/06/2021 ) +1 CC to M/s.SPL GP ( SR-18737[F] dated 03/06/2021 ) DATED : 02.06.2021 KB(25.06.2021) 3P 5C 3/3