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Madras High CourtWP(MD)/8586/2018disposed of

I.Loyola Joseph Arockia Dass v. The Secretary To Government

2018-04-19Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.8586 of 2018 Loyala Joseph Arockia Dass ... Petitioner Vs.

The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pass orders on merits and in accordance with law on the petitioner's appeal dated 28.09.2017 made as against the order of the Director of Rural Development and Panchayat Raj made in Na.Ka.No.18374/2017/D.P.C.No.3-2 dated 31.07.2017 with such time as this Court may direct.

For Petitioner : Mr.Joseph Thatheus Jerome For Respondent : Mrs.S.Srimathy, Spl.G.P.

O R D E R

The prayer sought for herein is for a writ of Mandamus, directing the 1st respondent to pass orders on merits and in accordance with law on the petitioner's appeal dated 28.09.2017 made as against the order of the Director of Rural Development and Panchayat Raj made in Na.Ka.No.18374/2017/D.P.C.No.3-2 dated 31.07.2017 with such time as this Court may direct. 2.Heard Mr.Joseph Thatheus Jerome, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondent.

3.The learned counsel for the petitioner would submit that as against the order of punishment, the petitioner had made an appeal to the respondent on 28.09.2017. However, the said appeal has not so far been disposed of by the respondent. Therefore, the learned https://hcservices.ecourts.gov.in/hcservices/

counsel submits that if a direction is given to the respondent to consider and pass orders on the appeal dated 28.09.2017, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

4.I have heard the learned Special Government Pleader in this regard. She would submit that within a time frame that may be stipulated by this Court, the said appeal can be considered and an order to that effect be passed by the respondent. 5.In view of the said submission made by both sides, this writ petition, at the admission stage, is disposed of with the following direction:

"The respondent is directed to consider the appeal of the petitioner dated 28.09.2017, on merits and in accordance with law and pass orders thereon, within a period of twelve weeks from the date of receipt of a copy of this order and copy of the same shall be communicated to the petitioner.

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

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.

+ 1 cc TO Mr.Joseph Thatheus Jerome , Advocate in SR No. 62323 + 1 cc TO The Special Government Pleader in SR No. 62535 Arul AE/JC/SAR1/03.05.2018/2P/4C W.P(MD)No.8586 of 2018 19.04.2018 https://hcservices.ecourts.gov.in/hcservices/