Madras High CourtWP(MD)/6827/2019disposed of

K.Shanmugam v. The Additional Director

2019-03-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.6827 of 2019 K.Shanmugam ... Petitioner Vs 1.The Additional Director of Survey and Land Records, Chepauk, Chennai - 600 005.

2.The Assistant Director, Survey and Land Records Department, Collectorate Complex, Thanthoni, Karur-639 005.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents, ie., the Additional Director of Survey and Land Records, Chennai and the Assistant Director, Survey and Land Records, Karur, to take immediate action to disburse the Encashment of Leave Salary to the petitioner within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mrs.J.Padmavathydevi Special Government Pleader

ORDER

Seeking for a direction to the respondents to take immediate action to disburse the Encashment of Leave Salary to the petitioner, the present writ petition came to be filed.

2.Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent, the Writ Petition itself is taken up for final disposal at the stage of admission.

3.The learned Counsel for the petitioner submitted that the petitioner was working as a Senior Draftsman in the respondent department and based on the conviction in S.C.No.124/2011, dated 05.09.2012, he was dismissed from service on 12.10.2012. Thereafter, seeking Encashment of Leave Salary, he made a representation, dated 10.12.2018 to the respondents. However, the respondents have not sent any reply to the petitioner. Hence, the present writ petition https://hcservices.ecourts.gov.in/hcservices/

is filed.

4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioner's representation would be considered on merits. 5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 10.12.2018 and pass appropriate orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (T AND P) // True Copy // Sub Assistant Registrar(CS ) cmr To 1.The Additional Director of Survey and Land Records, Chepauk, Chennai - 600 005.

2.The Assistant Director, Survey and Land Records Department, Collectorate Complex, Thanthoni, Karur-639 005.

1CC TO MR. S. VISVALINGAM, ADVOCATE SR 56008 KK 10/04/2019 2P 4C W.P.(MD)No.6827 of 2019 22.03.2019 https://hcservices.ecourts.gov.in/hcservices/