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Madras High CourtWP(MD)/8402/2019disposed of

M.Rajagopal, S/O.Muthugounder v. The Director, Local Fund Audit

2019-04-08Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.8402 of 2019 M.Rajagopal ... Petitioner Vs.

1.The Director, Local Fund Audit, Chennai, Tamil Nadu - 108.

2.The Commissioner, Government Data Centre, Chennai - 600 025.

3.The Block Development Officer, Dindigul Block Development Office, 4.The Executive Officer, Eriyodu Municipal Office, Eriyodu,Vedasendur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to implement the proceedings in Roc No.70 of 2015, dated 21.11.2016 issued by the 4th respondent to settle the CPS contribution and Government's contribution to the petitioner with interest till date within a specific time as stipulated by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : Mr.S.Angappan, Nos.1 and 2 Government Advocate For Respondent :Mr.Thiyagarajan Nos. 3 and 4

ORDER

This writ petition has been filed seeking for a direction to the 1st and 2nd respondents to implement the proceedings in Roc No.70 of 2015, dated 21.11.2016 issued by the 4th respondent and to settle the CPS contribution and Government's contribution to the petitioner within interest.

2.Heard both sides. By Consent, this writ petition is taken up for final disposal at the stage of admission itself. 3.The learned Counsel for the petitioner submitted that the proposal sent by the fourth respondent with regard to the sanction of CPS contribution and Government Contribution to the petitioner, is pending before the second respondent for the years together and hence, the petitioner is before this Court seeking for appropriate direction to the first and second respondents. The learned Counsel also prayed for a direction to the 1st and 2nd respondents to implement the proceedings in Roc No.70 of 2015, dated 21.11.2016, in the light of the orders passed by this Court in WP(MD)No.22227 of 2016, on 04.08.2016.

4.The learned Standing Counsel appearing for the respondents, on instructions, submitted that the case of the petitioner would be considered by the first and second respondents on merits and in accordance with law and also in the light of the order referred to above.

5.In view of the submissions made on either side, this Court, without going into the merits of the case, directs the 1st and 2nd respondents to consider the proceedings issued by the 4th respondent in Roc No.70 of 2015, dated 21.11.2016, on merits and in accordance with law and also in the light of the orders passed in WP(MD) No.22227 of 2016, on 04.08.2016 and pass appropriate orders, 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(Crl.Side) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Director, Local Fund Audit, Chennai, Tamil Nadu - 108.

2.The Commissioner, Government Data Centre, Chennai - 600 025.

3.The Block Development Officer, Dindigul Block Development Office,

4.The Executive Officer, Eriyodu Municipal Office, Eriyodu,Vedasendur Taluk, +1 CC to M/s.SPL GP ( SR-59940[F] dated 09/04/2019 ) +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-59965[F] dated 09/04/2019 ) ORDER MADE IN WP(MD)No.8402 of 2019 08.04.2019 CS: 17/05/2019/3P/7C